GIFT  or 


ELECTION    1910 


This  Pamphlet  is  for  Preservation 
and  Use  in  the  Precinct,  City  or 
Town  to  which  it  is  Furnished. 


STATE  OF  NEVADA 


The 

Election 

Laws 


Compiled  by 

W.  G,  DOUGLASS, 

Secretary  of  State 


Printed  at  the 

State  Printing  Office,  Carson  City 

J.  G.  McCarthy,  Superintendent 

J909 

It 


J\<.\V.h'^ 


^ 


0^ 


VOTERS,  TAKE  NOTICE! 


Before  election  day  read  the  law. 

Secure  a  sample  ballot  before  gfoingf  to  the  polls* 

Decide  for  whom  you  will  vote  before  goingf  into  the  booth* 

Obtain  your  ballot  from  one  of  the  Clerks  of  Election* 

You  will  be  allowed  only  ten  minutes  in  which  to  prepare 
your  ballot* 

Stamp  the  cross  X  after  the  name  for  which  you  vote* 

The  cross  must  be  made  only  with  the  stamp  in  black  ink* 

Any  writingf  or  other  markings  will  invalidate  your  ballot* 

Fold  your  ballot  before  leaving  the  booth. 

See  that  the  water-mark  and  number  are  on  the  outside. 

Deliver  your  ballot,  folded,  with  the  stamp,  ink  and  ink-pad 
to  the  Inspector,  and  give  your  name. 

Only  one  voter  can  occupy  a  booth  at  one  time. 

A  voter  physically  disabled   may  have  the   assistance   of 
another  elector  in  preparing  his  ballot. 

Inability  to  read  or  write  will  not  be  considered  a  physical 
disability. 

Drunkenness  is  not  physical  disability. 


NOTE — The  above  are  rcspcctftjlly  suggested  as  some  of  the  instrwc- 
tions  to  be  printed  in  the  card  of  instructions  to  voters.  Sections  27,  28, 
29  and  30  of  the  Australian  Ballot  Law  should  be  printed  on  each  card. 


m 


257181 


Digitized  by  the  Internet  Archive 

in  2007  with  funding  from 

IVIicrosoft  Corporation 


http://www.archive.org/details/el,^tlawsnevadaOOnevarich 


LAWS  RELATING  TO  ELECTIONS 


LEGAL  RESIDENCE. 


An  Act  presci'ibing  irkat  shall  constitute  actual  residence  within 
the  meaning  of  Article  II  of  the  Constitution  of  the  State  of 
Nevada. 

Approved  March  4,  1889. 

Sp:ction  1.     The  legal  residence  of  a  person,  with  reference  Residence 
to  his  right  of  suffrage  and  eligibility  to  office,  is  that  place  ^^^°®^- 
where  his  habitation  is  fixed  and  permanent,  and  to  which, 
whenever  he  is  absent,  he  has  the  intention  of  returning. 

Sec.  2.  No  person  shall  be  deemed  to  have  gained  or  lost  Residence 
such  a  residence  by  reason  of  his  presence  or  absence  while  fo^st  ^^  ^^ 
employed  in  the  military,  naval  or  civil  service  of  the  United 
States,  or  of  the  State  of  Nevada;  nor  while  engaged  in  the 
navigation  of  the  waters  of  the  United  States  or  of  the  high 
seas;  nor  while  a  student  at  any  seminary  or  other  institu- 
tion of  learning;  nor  while  kept  at  any  almshouse,  or  other 
asylum  at  public  expense,  nor  while  confined  in  any  public 
prison  or  jail. 

Sec.  3.     A  person  removing  from  one  county,  within  this  Residence 
State,  to  another,  or  from  one  precinct  to  another  of  the  same  ^otiost. 
county,  within  thirty  days  prior  to  any  election,  shall  not  be 
deemed  to  have  lost  his  residence  in  the  county  or  precinct 
removed  from;  provided,  he  was  an  elector  in  such  county  or 
precinct  on  the  thirtieth  day  prior  to  such  election. 

Sec.  4.    If  a  person  remove  to  another  State,  Territory  or  Residence 
foreign  country,  with  the  intention  of  establishing  his  domi-  ^°^^- 
cile  there,  and  making  it  his  home,  he  shall  lose  his  residence 
in  this  State. 

Sec.  5.  If  a  person  having  a  fixed  and  permanent  home  Burden  of 
in  this  State,  break  up  such  home  and  remove  to  another  proof. 
State,  Territory  or  foreign  country,  the  intent  to  abandon  his 
residence  in  this  State  shall  be  presumed,  and  the  burden 
shall  be  upon  him  to  prove  the  contrary;  and  the  same  rule 
shall  obtain  when  a  person,  in  like  circumstances,  and  in  like 
manner,  shall  remove  from  one  county  or  precinct  to  another 
within  the  State. 

Sec.  6.     If  a  man  have  a  family  residing  in  one  place  and  Residence  of 
he  does  business  in  another,  the  former  must  be  considered  o^'resldence. 
his  place  of  residence,  unless  his  family  be  located  there  for 
temporary  purposes  only ;  but  if  his  family  reside  without  the 
State,  and  he  be  permanently  located  within  the  same,  with 


REGISTRATION. 


Shall  lose 
residence. 


no   intention  of  removing  therefrom,  he  shall  be  deemed  a 
resident. 

Sec.  7.  If  a  person  remove  to  another  State,  Territory  or 
foreign  country,  with  the  intention  of  remaining  there  for  an 
indefinite  time,  and  as  a  place  of  present  residence,  he  shall 
lose  his  residence  in  this  State,  notwithstanding  that  he  may 
entertain  the  intention  of  returning  at  some  uncertain  future 
period;  and  an  occasional  return,  either  for  business  purposes 
or  pleasure,  to  the  place  of  his  former  abode,  in  this  State, 
shall  not  be  sufficient  to  preserve  his  residence  therein. 


REGISTRATION. 


Registry 
Agents, 
who  are. 


May 

administer 
oaths. 


Covinty  Com- 
missioners 
to  provide 
stationery 
for  Registry 
Agents. 


What 
register 
must  show. 


An  Act  to  provide  for  the  regutration  of  the  names  of  electors  and 
to  prevent  fravds  at  elections. 

Approved  March  5,  1869. 

Section  1.  The  Justices  of  the  Peace  of  the  several  coun- 
ties of  the  State  shall  be  ex  officio  the  Registry  Agents  of  their 
respective  townships,  and,  as  such,  their  powers  and  duties 
shall  be  as  hereinafter  provided  in  this  Act;  provided,  that  in 
any  township  where,  from  any  cause,  there  shall  be  no  Justice 
of  the  Peace  duly  commissioned  and  qualified,  or  where  an 
election  district  may  be  situated  too  distant  from  the  office  of 
the  Justice  of  the  Peace  of  said  township,  the  Commissioners 
of  the  county  in  which  said  election  district  is  located  may 
appoint  some  other  competent  person  to  perform  the  duties  of 
Registry  Agent,  who  shall  be  clothed  with  the  same  power  and 
governed  by  the  same  restrictions  as  Justices  of  the  Peace  in 
the  registration  of  the  names  of  electors  under  the  provisions 
of  this  Act.  All  Registry  Agents  shall  have  power  to  admin- 
ister oaths  or  affirmations,  and  do  such  other  acts  as  may  be 
necessary  to  fully  carry  out  the  provisions  of  this  Act. 

Sec.  2.  The  County  Commissioners  of  the  several  counties 
shall  provide  for  the  Registry  Agents,  in  their  respective  coun- 
ties, when  and  where  required,  all  proper  and  necessary  books 
and  stationery  to  carry  out  the  provisions  of  this  Act.  They 
shall  furnish  to  each  Registry  Agent  a  book  which  shall  be 
known  as  the  "Official  Register"  which  shall  be  ruled  in  col- 
umns of  suitable  dimensions  to  provide  for  the  following 
entries  opposite  the  name  of  each  elector,  to  wit: 

First — Number  on  the  register. 

Second — Date  of  registry. 

Third — Name  of  elector. 

Fourth — Age  of  elector. 

Fifth — Where  born. 

Sixth — Last  place  of  residence  before  coming  to  Nevada. 

Seventh — First  place  of  residence  in  Nevada. 


REGISTRATION.  / 

Eighth — Present    number    of   ward,  or    name  of   electoral 
district. 

Ninth — Description  of  residence. 

Tenth — Certificate  of  naturalization  exhibited.    As  amended, 
Stats.  1905,  p.  190. 

Sec.  3.  It  shall  be  the  duty  of  the  Registry  Agents,  at  ^f^^^jg^^^fj^ 
any  time  when  called  on  to  do  so,  between  the  hours  of  ten  as  to 
a.  m.  and  six  p.  m.  on  all  legal  days,  from  and  after  the  first  o?^vote^s.°° 
day  of  August,  and  up  to  and  including  the  twentieth  day  of 
October,  prior  to  any  general  election,  and  in  the  case  of  any 
special  or  municipal  election,  provided  for  by  law,  twenty 
days  prior  to  closing  the  register  (which  shall  close  ten  days 
prior  to  the  day  of  election),  to  receive  and  register  the  names 
of  all  persons  legally  qualified  and  entitled  to  vote  at  such 
election,  or  who  will  have  legally  acquired  a  residence  (being 
otherwise  qualified)  and  right  to  vote  at  such  ensuing  election 
according  to  the  provisions  of  law  under  which  such  election 
may  be  held,  in  each  election  district  within  their  respective 
townships,  entering  on  the  official  register  under  the  proper 
heading,  the  number  and  date  of  registry,  the  name  (with  the 
first  or  given  name  in  full,  if  practicable),  the  age  and  nativity 
of  the  elector,  last  place  of  residence  of  elector  before  coming 
to  Nevada,  first  place  of  residence  of  elector  in  Nevada,  together 
with  the  number  of  the  ward  or  name  of  precinct,  and  a  par- 
ticular description  of  the  house,  building  or  room  in  which 
the  elector  resides,  such  as  will  enable  the  officer  or  person 
desiring  to  serve  notice  of  objection  to  vote  to  find  the  same 
without  difficulty;  and  when  the  person  so  registered  shall  be 
of  foreign  birth,  the  fact  of  the  exhibition  of  or  failure  to 
exhibit  his  certificate  of  naturalization  shall  be  noted  in  the 
colunm  provided  for  that  purpose,  which  list,  properly  entered, 
as  in  this  section  required,  shall  be  known  as  the  "Official 
Register"  of  elections  of  their  respective  townships;  provided, 
that  for  ten  days  next  preceding  the  day  set  for  closing  the 
registry  before  any  election  mentioned  in  this  Act,  said  Registry 
Agents  shall  also  be  in  attendance  at  their  respective  offices, 
and  ready  to  register  the  names  of  applicants,  at  any  time 
between  the  hours  of  seven  and  nine  o'clock  p.  m.,  in  addition 
to  the  hours  heretofore  required  in  this  section ;  and  provided 
further,  that  if  any  person  shall  fail  or  refuse  to  give  his  resi- 
dence and  the  other  information ,  with  the  particularity  required 
in  this  section,  he  shall  not  be  registered.  As  amended,  Stats. 
1909,  p.  53. 

Sec.  4.  The  Registry  Agents  shall  cause  to  be  published  J'JtjPJJ?'"^^ 
in  a  newspaper  published  in  their  county,  or  if  none  be  so 
published,  then  in  the  newspaper  published  nearest  to  their 
county-seat,  for  twenty  days  before  the  expiration  of  the  time 
provided  for  registration,  prior  to  any  general  election,  and 
for  ten  days  before  the  expiration  of  the  time  provided  by  law 
for  registration  prior  to  any  special  or  municipal  election,  a 
notice  to  the  effect  that  the  time  for  registration  of  the  names 


8 


REGISTRATION. 


Proviso. 


Voter  to 
take  oath, 


Proviso. 


Form  of 
oath. 


of  the  qualified  electors  in  election  districts  number of 

township  number  ,  prior  to  the election  (specify- 
ing the  election),  to  be  held  on  the  day  of ,  A.  D. 

18 ,  for  the  county  of (or  city  of )  will 

expire  at  six  o'clock  p.  m.  on  the  clay  of ,  A.  D. 

18 The  publication  of  said  notice  shall  continue  until  the 

expiration  of  the  time  provided  for  said  registration;  provided, 
that  in  remote  or  new  and  sparsely  settled  districts  written 
notices  posted  at  not  less  than  five  conspicuous  places  within 
said  district  may  be  substituted  for  the  pui^lication  in  a  news- 
paper. 

Sec.  o.  Every  person  applying  to  be  registered  shall,  before 
he  shall  be  entitled  to  have  his  name  registered,  take  and 
subscribe  the  following  oath  or  affirmation,  which  shall  be 
administered  bj^  the  Registering  Agent;  provided,  that  no 
elector  who  has  taken  said  oath  at  the  time  of  his  previous 
registration  shall  be  required  to  do  so  the  second  time  in  the 
same  precinct,  to  wit: 

"I  do  solemnly  swear  (or  affirm)  that  I  am  a  citizen  of  the 
United  States,  that  I  am  of  the  age  of  twenty-one  years,  and 
will  have  actually  and  not  constructively  resided  in  this  State 
six  months,  and  in  the  county  thirty  days  next  preceding  tbe 
day  of  the  next  ensuing  election  (or,  in  case  of  a  municipal 
election,  such  length  of  time  as  may  be  required  by  the  Act 
of  incorporation) ,  that  before  coming  to  the  State  of  Nevada 

I  last  resided  at ,  in  the  State  of 

(designating  such  place  of  residence),  that  upon  first  coming 

to  the  State  of  Nevada  I  resided  at ,  in  said 

State  (designating  such  place  of  residence),  and  that  I  am 
not  registered  elsewhere  in  this  State.  So  help  me  God  (or 
under  the  pains  and  penalties  of  perjury)." 

Whenever  an  oath  is  required  by  the  provisions  of  this 
Act,  the  elector  shall  swear  according  to  the  form  of  his 
religious  faith  or  Ijelief  and  in  such  manner  as  may  be  con- 
sidered most  obligatory  on  his  conscience.  As  amended,  Stat^. 
1,905,  p.  192. 

Sec.  6.  When  any  person  shall  appear  and  demand  to 
Oath  be  registered,  whom  the  Registiy  Agent  shall  not  know  to  be 

efStor.w'hen  entitled  to  registry,  under  the  qualifications  required  by  law 
for  the  election  then  ensuing,  the  Registry  Agent  may  ques- 
tion the  applicant  generally,  either  under  oath  or  not,  as  to 
his  qualifications  as  an  elector,  and,  if  satisfied,  shall  enter 
his  name  in  the  registry.  But  if  the  Registry  Agent  shall 
not  be  fully  satisfied,  or  if  the  applicant  be  challenged  by  a 
qualified  elector  of  the  county,  stating  distinctly  the  grounds 
of  challenge,  the  Registry  Agent  shall  require  the  applicant 
to  answer  truly,  under  oath  or  affirmation,  the  following  ques- 
tions, together  with  such  other  questions  as  said  Registry 
Agent  may  consider  necessary  and  proper,  testing  his  qualifi- 
cations as  an  elector  for  the  ensuing  election,  to  wit: 

First — Are  you  a  citizen  of  the  United  States? 


To  swear 
according 
to  religion 


REGISTRATION.  9 

Second — Are  you  now  or  will  you  be  twenty-one  years  of  what  oath 
age  on  or  prior' to  the  day  of  the  next  ensuing  election?  ^^^ 

Third — On  the  day  of  the  next  ensuing  election  will  you 
have  actually  and  not  constructively  resided  in  this  State  six 

months,  and  in  this  county  thirty  days  (or  in  this  city days 

or months,  as  provided  ])y  the  Act  of  incorporation)  next 

preceding  the  day  of  said  election? 

Fourth — Are  you  now  president  of  the  election  district  in 
which  you  propose  to  be  registered? 

Fifth — Are  you  registered  for  this  electoral  year  in  any  other 
election  district  in  the  name  you  have  now  given,  or  in  any 
other  name? 

If  any  of  the  foregoing  questions  shall  l)e  answered  in  the  Registry 
negative,  except  the  fifth,  or  that  in  the  affirmative,  the  appli-  may°refuse 
cant  shall  not  be  registered;  but  if  the  applicant  answer  all  J'^^istration. 
the  foregoing  questions  in  the  affirmative,  except  the  fifth, 
and  that  in  the  negative,  and  the  Registrj^  Agent  shall  still 
l)elieve,  from  the  answers  to  such  further  questions  as  he  may 
be  led  by  circumstances  to  ask,  that  the  applicant  is  not  a 
qualified  elector,  he  shall  refuse  to  register  the  name  of  said 
applicant.     But  such  applicant  may  then  apply  to  the  Dis-  Applicant 
trict  Court  of  his  district,  or  the  Judge  thereof,  for  a  writ  of  Sandamus. 
mandamus  to  compel  the  proper  registration  of  his  name  in 
such  election  district;   and  any  elector  may  also  apply  to  the 
District  Court  of  his  district,  or  the  Judge  thereof,  for  a  writ  challenge, 
of  mandamus  to  compel  the  Registry  Agent  to  erase  from  the  ^°^  effected, 
registered    list    of   electors    the  name  of   any  person   therein 
registered  whom    the    applicant    may  know  and    be    able  to 
prove  is  not  a  qualified  elector;  provided,  that  said  Registry 
Agent  shall  have  notice  and  opportunity  to  be  heard  before 
said    court,  or   the    Judge    thereof,  and    show  cause    for  his 
refusal .     For  the  purpose  of  deciding  contested  question.s  of  ^j^*4lct°^ 
registration,  the  District  Judge  of  the  various  Judicial  Dis-  judges, 
tricts  shall  hold  court  or  sit  in  chambers  at  least  one  day  in 
each  county  of  their  respeciive  districts  during  the  ten  days 
immediately   preceding   any    general    election,  during  which 
days  cases  of  contested  registration  shall  take  precedence  of 
all  other  business  before  such   Judges  or  courts.     All  such 
cases  shall  be  decided  within   forty-eight   hours  after   being 
submitted,  and  every  case  shall  be  decided  before  the  day  of 
election.     A  resident,  within  the  meaning  of  this  Act,  shall  "Resident" 
be  construed  to  mean  a  person  who  has  resided  or  will  have  ^^°^  "^ 
resided  continuously  within  this  State  for  six  months,  and  in 
the  precinct  the  time  prescribed  by  law,  next  preceding  the 
day  of  the  next  ensuing  election.     The  electoral  year  shall 
conmience  on  the  first  day  of  January  and  end  on  the  thirty- 
first  day  of  December  of  each  year.     Whenever  in  the  same  one 
electoral  year  there  shall  be  held  in  any  township  more  than  hofd?for°° 
one  election,  general,  special  or  municipal,  any  person  regis- entire  year, 
tered  for  any  one  of  such  elections  shall  be  deemed  registered 
for  all  subsequent  elections  in  the  same  year  for  which  the 


k 


10 


REGISTRATION. 


Naturalized 
citizen,  how 
qualified. 


Duties  of 
Registry 
Agent. 


Registry 
Agent  to 
publish 
names  of 
voters. 


May  be 
challenged 
ten  days 
preceding 
election. 


residence  qvialification  is  included  in  or  implied  by  the  resi- 
dence qualification  of  the  previous  election,  and  in  all  cases 
registration  for  a  municipal  election  shall  be  deemed  regis- 
tration for  any  succeeding  general  election  in  the  same  year. 
The  person  so  deemed  registered  shall  be  subject  in  all  cases 
to  be  excluded  from  the  registry  by  reason  of  the  change  of 
residence,  or  other  causes,  as  provided  elsewhere  in  this  Act. 
As  amended,  Stats.  1909,  p.  5Jf. 

Sec.  7.  When  a  naturalized  citizen  shall  apply  for  regis- 
tration, his  certificate  of  naturalization  must  be  produced  and 
stamped  or  written  in  ink  by  the  Registry  Agent,  with  his 
name  and  the  year  and  county  where  presented ;  but  if  it  shall 
satisfactorily  appear  to  the  Registry  Agent,  by  the  oath  or 
affirmation  of  the  applicant  (and  the  oath  or  affirmation  of 
one  or  more  credible  citizens,  as  to  the  credibility  of  such 
applicant,  when  deemed  necessary),  that  such  certificate  of 
naturalization  is  lost  or  destroyed,  or  beyond  the  reach  of  the 
applicant  for  the  time  being,  said  Registry  Agent  shall  register 
the  name  of  the  applicant,  unless  he  be  by  law  otherwise  dis- 
qualified ;  provided,  that  in  case  of  failure  to  produce  the  cer- 
tificate of  naturalization,  the  Registry  Agent  shall  propound  to 
him  the  following  questions:  First — In  what  year  did  you 
come  to  the  United  States?  Second — In  what  State,  county, 
court  and  year  did  you  declare  your  intention  to  become  a 
citizen?  Third — In  what  State,  county,  court  and  year  were 
you  finally  admitted  to  citizenship?  Fourth — Where  did  you 
last  see  your  certificate  of  naturalization?  The  answers  to  the 
above  questions  shall  be  taken  down  in  the  form  of  an  affidavit, 
which  shall  be  subscribed  and  sworn  to  by  the  applicant  and 
retained  in  possession  by  the  Registry  Agent,  and  by  him 
handed  over  to  his  successor;  pi'ovided,  that  no  person  shall  be 
required  to  make  the  affidavit  twice  before  the  same  Agent,  or 
successor  of  such  Agent,  having  in  his  possession  a  former 
affidavit. 

Sec.  8.  On  the  day  next  succeeding  that  on  which  the  reg- 
istration of  electors,  prior  to  any  election,  mentioned  in  this 
Act,  shall  have  been  closed,  the  Registry  Agents  shall,  with 
all  reasonable  expedition,  prepare,  and  cause  to  be  written  or 
printed  a  full  and  complete  list  of  all  the  names  registered  by 
them,  and  then  remaining  on  the  official  register,  for  each  elec- 
tion district,  alphabetically  arranged,  commencing  always  with 
the  surname  of  each ;  and  they  shall  have  printed  or  written 
such  reasonable  number  of  copies  of  each  district  list  as  in 
their  judgment  may  be  necessary,  at  least  five  copies  of  which 
they  shall  cause  to  be  posted  up  in  as  many  public  and  con- 
spicuous places  within  the  district  to  which  they  apply,  and 
the  remainder  of  such  lists  shall  be  distributed  among  the 
electors  of  the  respective  districts.  The  Registry  Agents  shall 
give  notice  in  said  lists  that  they  will  receive  objections  to  the 
right  to  vote,  on  the  part  of  any  person  so  registered,  until  six 
o'clock  p.  m.  on  the  tenth  day  previous  to  the  day  of  election; 


REGISTRATION.  11 

and  also  requesting  all  persons  whose  names  may  be  errone- 
ously entered  in  said  lists  to  appear  at  his  office  and  have  such 
error  corrected.     Such  objections  to  the  right  to  vote  shall  be 
made  only  by  a  qualified  elector  in  writing,  setting  forth  the 
ground  of  the  objection  or  disqualification,  and  sworn  to,  or 
affirmed  to,  to  the  best  of  his  knowledge  and  belief.     A  copy 
of  such  written   ol)jections,  with  the   name  of  the  objector, 
together  with  a  voipy  of  notice,  requiring  the  person  objected 
to  to  appear  before  the  Registry  Agent  at  a  time  certain  and 
specified  therein,  and  answer  under  oath  such  questions  as 
may  be  propounded  to  him  l)y  the  Registry  Agent  touching 
his  qualifications  as  an  elector,  shall  be  served  on  the  person  service, 
objected  to,  and  such  service  shall  be  good  when  left  at  the  ^*^®°  ^°°*^- 
place  of  residence  of  such  person  objected  to,  as  the  same  shall 
appear  in  the  official  register,  however  general  or  indefinite 
may  be  the  description  of  the  same  in  said  register.     And  no 
such  objections  shall  be  tried  unless  it  shall  appear  by  the 
return   by  an  officer,  or  the  sworn   statement  of  an   elector 
within  the  county,  appended  to  such  notice,  that  such  objec- 
tions and  notice  were  by  him  duly  served  by  copy,  as  in  this 
section  of  this  Act  required.     At  the  time  specified  in  the  Registry 
notice,  or  at  sucli  further  time  as  the  hearing  may  be  adjourned  aifow  or^^ 
to,  the  Registry  Agent,  upon  being  satisfied  from  the  return  or  disallow 
affidavit  that  proper  service  of  notice  has  been  had,  as  in  this  ^  *  ^°^^' 
section  provided,  shall  proceed  to  examine  such  person  (if  pres- 
ent), under  oath,  touching  all  matters  specified  in  such  writ- 
ten objections,  and  respecting  his  general  qualifications  as  an 
elector,  and  the  testimony  of  the  person  making  the  objec- 
tions, and  any  further  evidence  offered  (which  the  Registry 
Agent  before  whom  objections  are  made  may  desire  to  hear  in 
relation  thereto) .     If  the  Registry  Agent  shall  be  satisfied,  from 
the  answers  under  oath  of  the  person  objected  to,  or  other  evi- 
dence, that  he  is  not  a  qualified  elector,  as  required  by  law, 
for  the  next  ensuing  election,  or  if  such  person,  so  notified  as 
hereinbefore  provided  and  required,  shall  fail  to  appear  at  the 
time  set,  or  shall  fail  to  show  cause  for  his  non-appearance,  it 
shall  be  the  duty  of  the  Registry  Agent  to  erase  his  name  from 
the  official   register;   %>^'ovided,  that  any  person  whose  nameRi^htof 
may  have  been  so  erased,  may  apply  to  the  District  Court  or  recourse, 
the  Judge  thereof,  as  is  provided  in  section  six  of  this  Act; 
provided,  further,  for  a  refusal  of  any  Registry  Agent  to  perform  penalty  for 
his  duties  as  Registry  Agent,  he  shall,  on  conviction  thereof,  A||n?7 
before  a  court  of  competent  jurisdiction ,  be  punished  by  a  fine  neglect  of 
of  not  less  than  thirty  dollars  nor  more  than  one  hundred  dol-  ^^^^' 
lars,  or  by  imprisonment  not  less  than  fifteen  nor  more  tha^n 
fifty  days,  or  by  both  such  fine  and  imprisonment.     All  Acts 
and  parts  of  Acts  in  conflict  herewith  are  hereby  repealed. 
As  amended,  Stats.  1909,  p.  57. 

Sec.  9.     During  the  time  intervening  between  the  closing  of  ^e^'Jgtlr^to be 
any  registration  of  electors  and  the  day  of  the  next  ensuing  furnished, 
election,  the  Registry  Agents  shall  carefully  copy  from  the 


12  REGISTRATION. 

official  register,  into  suitable  books,  one  for  each  election  dis- 
trict within  their  respective  townships,  the  names  of  all  elect- 
ors registered  for  such  election  district,  alphabetically  arranged 
(the  surname  first),  entering  opposite  each  name  the  number 
it  bears  on  the  official  register,  together  with  all  other  entries 
Index  books  therein  found  opposite  such  name.  The  Registry  Agent  shall 
ema  e.  ^^^^  prepare,  not  later  than  the  daj^  next  preceding  that  on 
which  the  election  is  to  be  held,  in  "index  books,"  one  for 
each  election  district,  and  which  shall  be  knoAvn  as  the  "check 
list,"  lists  of  the  names  of  all  electors  found  on  the  official  reg- 
ister for  such  election  districts,  alphabetically  arranged  (the 
surname  first),  with  the  number  such  name  bears  in  the 
official  register  placed  at  the  left  of  the  name  of  the  elector, 
and  with  a  blank  column  at  the  right  of  the  column  of  names, 
formed  by  two  parallel  perpendicular  lines,  in  which  the 
Inspectors  of  Election  shall  check  the  names  of  those  voting, 
by  some  particular  character,  as  for  instance,  thus:  "V"  for 
voted.  Said  blank  columns  last  mentioned  shall  have  written 
"headings"  made  by  the  Registry  Agents,  showing  what  par- 
Check  lists  to  ticular  election  said  "check  lists"  apply  to,  as  for  instance, 
be  furnished.  „^^^^^^  at  general  election,  1868;'  or  "voted  at  city  election, 
1869."  The  copy  of  the  official  register,  together  with  the 
"check  list"  for  each  election  district,  as  herein  provided, 
shall  be  carefully  prepared  and  dulj^  certified  to  bj^  the  Reg- 
istry Agent,  and  delivered  to  some  one  of  the  Inspectors  of 
Election,  in  each  election  district,  at  a  time  not  later  than  the 
day  next  preceding  that  on  which  such  election  is  to  be  held, 
and  such  "check  lists"  shall  be  carefully  preserved  and  trans- 
mitted by  the  Inspectors  of  Election  to  the  Clerk  of  the  Board 
of  County  Commissioners,  in  connection  with  and  as  a  part  of 
the  "election  returns,"  as  provided  by  law. 

Sec.  10.    Any  registered  elector,  moving  from  one  election 
Electors  may  district  to  another,  prior  to  the  day  of  the  ensuing  election, 
placebo!         may  apply  to  the  Registry  Agent  before  whom  he  has  already 
how^*'^^*^°°'  been  registered  for  that  electoral  3^ear,  at  any  time  prior  to 
the  delivery  of  the  certified  copies  of  register  to  the  Inspectors 
of  Election,  and  have  his  name  taken  off  the  official  register, 
and  receive  from  the  Registry  Agent  a  certificate  showdng  sub- 
stantially that  he  was  on  a  certified  date  duly  registered  in  the 

official  register  of  Township  No ,  in  the  County  of , 

and  that  his  name  has  been  erased  at  his  own  request;  which 
certificate  shall  entitle  him  to  have  his  name  registered  in  the 
same  manner  as  other  names  are  registered,  in  any  other  elec- 
tion district  either  within  the  same  county  or  any  other  county, 
for  said  election;  provided,  that  it  shall  satisfactorily  appear 
to  the  Registry  Agent  receiving  the  certificate,  and  to  w^hom 
application  is  made  for  the  second  registration,  that  the  appli- 
plicant  will  have  resided  such  length  of  time  within  such 
county  and  election  district,  prior  to  the  next  ensuing  elec- 
tion, as  is  or  may  be  provided  l)y  law  to  entitle  him  to  vote. 
Sec.  11.     Before  entering  upon  the  duties  prescribed  in  this 


REGISTRATION.  13 

Act,  the  Registiy  Agents  (excepting  Justices  of  the  Peace  who 
have  been  duly  quaHtied)  shall  severally  take  and  subscribe 
before  an  officer  duly  authorized  to  administer  oaths  the  fol- 
lowing oath  or  affirmation,  which  shall  be  filed  in  the  office  of 
the  County  Clerk  of  their  respective  counties,  to  wit: 

I, ,  Registry  Agent  for  election  districts  numbers oathof 

and ,  in  the  County  of ,  and  State  of  Nevada,  do  Agents.^ 

solemnly  swear  (or  affirm)  that  I  will  perform  all  the  duties 
of  Registry  Agent  in  and  for  said  election  districts  according 
to  law  and  the  best  of  my  ability,  and  that  in  the  discharge 
of  my  duties  as  such  Registry  Agent  I  will  honestly  endeavor 
to  prevent  fraud,  deceit,  or  any  other  manner  of  abuse  of  the 
elective  franchise,  so  help  me  God  (or  under  the  pains  and 
penalties  of  perjury).     As  amended,  Stats.  1881,  p.  55. 

Sec.  12.  The  several  Registry  Agents  shall  be  entitled  to  comoensa- 
receive,  as  full  compensation  for  all  services  rendered  by  them  Registry 
under  the  provisions  of  this  Act  (except  for  the  collection  of  Agents, 
poll  taxes)  the  sum  of  twenty-five  cents  for  each  name  by  them 
legally  registered  in  each  electoral  year,  which  shall  be  a  valid 
claim  against  their  respective  counties;  and  their  accounts 
shall  be  made  out  so  as  to  clearly  show  the  number  of  names 
by  them  severally  registered  during  the  electoral  year,  and 
sworn  to  and  filed  with  the  Board  of  County  Commissioners 
of  their  respective  counties;  and  said  claims,  together  with  all 
other  just  and  reasonable  demands  of  other  persons  for  books, 
advertising  and  printing,  necessarily  incurred  in  carrying  out 
the  requirements  of  this  Act,  shall  be  audited  and  paid  out  of 
the  county  funds  of  the  several  counties  as  other  county 
charges;  jrrovided,  that  the  expenses  incurred  in  pviblishing 
the  notices  and  printing  the  lists  of  electors  prior  to  any  munici- 
pal election,  shall  be  charged  against  and  shall  be  paid  by  the 
corporate  authorities  of  the  municipality  holding  such  election. 

Sec.  13.     Section  thirteen  of  the  Act  entitled  "An  Act  to  see  Act 
provide  for  the  registration  of  the  names  of  electors  and  to  °*  ^^^^• 
prevent  fraud  at  elections"  approved  March  fifth,  eighteen  hun- 
dred and  sixty-nine,  is  hereby  repealed.     Stats.  1871,  p.  132. 

Sec.  14.  No  person  shall  be  entitled  to  vote  at  any  election 
mentioned  in  this  Act  unless  his  name  shall,  on  the  day  of 
election,  appear  in  the  "check  list"  furnished  by  the  Registry 
Agent  to  the  Inspector  of  Election  of  the  election  district  at 
which  he  offers  to  vote;  and  the  fact  that  his  name  so  appears 
in  the  "  check  list "  and  in  the  copy  of  the  official  register  in  the 
possession  of  the  Inspectors  of  Election,  shall  be  prima  facie 
evidence  of  his  right  to  vote;  provided,  that  when  the  Inspectors 
of  Election  shall  have  good  reason  to  believe,  or  when  they  shall 
be  informed  by  a  qualified  elector,  that  the  person  offering  to 
vote  is  not  the  person  who  was  registered  in  that  name,  the 
vote  of  such  person  shall  not  be  received  until  he  shall  have 
proved  his  identity  as  the  person  who  was  registered  in  that 
name. 

Sec.  15.     Any  person   who  shall  vote  or  offer  to  vote,  at 


14 


REGISTRATION. 


Fraudulent 
voting  a 
felony. 


Penalty. 


any  election  mentioned  in  this  Act,  but  who  shall  not  be  a 
qualified  elector,  or  any  person  who,  being  a  qualified  elector, 
shall  vote,  or  offer  to  vote,  in  the  name  of  any  other  registered 
elector,  shall  be  deemed  guilty  of  a  felony,  and  on  convic- 
tion thereof  before  any  court  of  competent  jurisdiction,  shall 
be  punished  by  imprisonment  in  the  State  Prison  for  not  less 
than  one  nor  more  than  three  years;  and  any  person  who 
shall  wilfully  cause,  or  endeavor  to  cause,  his  name  to  be 
registered  in  any  other  election  district  than  that  in  which  he 
resides,  or  will  reside  prior  to  the  day  of  the  next  ensuing 
election;  and  any  person  who  shall  cause,  or  endeavor  to 
cause,  his  name  to  be  registered,  knowing  that  he  is  not  a 
qualified  elector,  or  will  not  be  a  qualified  elector  on  or  before 
the  day  of  the  next  ensuing  election,  in  the  election  district  in 
which  he  causes  or  endeavors  to  cause  such  registry  to  be  made ; 
and  any  other  person  who  shall  induce,  aid  or  abet  any  such 
person  in  the  commission  of  either  of  such  acts  in  this  section 
enumerated  and  described,  shall  be  deemed  guilty  of  a  misde- 
meanor, and,  on  conviction  thereof  before  any  court  of  com- 
petent jurisdiction ,  shall  be  punished  by  a  fine  of  not  less  than 
fifty  dollars  nor  more  than  five  hundred  dollars,  or  by  confine- 
ment in  the  county  jail  for  not  less  than  one  month  nor  more 
than  six  months,  or  by  both  such  fine  and  imprisonment,  in 
the  discretion  of  the  court. 

Sec.  16.  All  wilful,  corrupt  and  false  swearing  or  affirming 
Perjury,  and  before  any  Registry  Agent  shall  be  deemed  perjury,  and  on 
conviction  shall  l)e  punished  as  such.  If  any  Registry  Agent, 
or  any  other  person  in  any  manner  concerned,  shall  wilfully 
and  corruptly  violate  any  of  the  provisions  of  this  Act,  the 
penalty  for  which  is  not  herein  specifically  prescribed,  he  shall 
be  punished  for  each  and  every  offense  whereof  he  shall  be 
duly  convicted,  by  imprisonment  in  the  State  Prison  for  a  term 
not  less  than  one  year  nor  more  than  five  years,  or  by  fine  of 
not  less  than  one  hundred  nor  more  than  one  thousand  dol- 
lars, or  both  such  fine  and  imprisonment,  in  the  discretion  of 
the  court. 

Sec.  17.  The  Act  entitled  "An  Act  to  provide  for  the  regis- 
tration of  the  names  of  electors,  and  for  the  ascertainment,  by 
proper  proofs,  of  the  persons  who  shall  be  entitled  to  the  right 
of  suffrage"  approved  February  twenty-fourth,  eighteen  hun- 
dred and  sixty-six,  is  hereby  repealed. 


penalty  for. 


Act  of  1896 
repealed. 


An  Act  supplemental  to  an  Act  entitled  "  An  Act  to  provide  for  the 
registration  of  the  names  of  electors  and  to  prevent  fraud  at  elec- 
tions" approved  March  5,  1869. 

Approved  February  20,  1885. 


Section  1 .     Whenever  any  Board  of  County  Commissioners 
shall  deem  it  necessary  to  have  printed  copies  of  the  names 


REGISTRATION.  15 

upon  the  register  of  voters  in  any  election  precinct  (as  men-  Duties  of 

tioned  in  section  eight  of  the  Act  of  which  this  Act  is  supple-  m*isSoners.™ 

mentary),  said  board  shall  cause  said  list  to  be  printed  in 

such  manner,  and  for  such  time,  in  a  newspaper  or  otherwise, 

as  they  may  deem  best  calculated  to  give  notice  to  the  public 

of  the  names  so  registered,  and  shall  cause  copies  thereof  to 

be  forthwith  furnished  to  the  Registry  Agent  of  said  precinct 

for  posting,  as  required  by  said  section  eight;  pr-ovided,  ihsit 

no  registry  list  shall  be  printed  at  the  charge  or  expense  of  a 

county,  and  no  Board  of  County  Commissioners  shall  allow, 

or  Auditor  approve,  any  claim  therefor,  in  whole  or  in  part, 

unless  said  printing  shall  have  been  done  at  the  instance  and 

order  of  said  board;  and,  provided  further ,  that  in  no  case  shall 

the  whole  amount  allowed  by  said  board,  approved  by  the 

Auditor,  or  paid  by  the  county  for  printing  any  registry  list, 

exceed  the  sum  of  fifteen  cents  for  each  name  upon  said  list 

and  printed. 


An  Act  requiring  Reqistry  Agents  to  file  with  the  Count]/  Clerks  a 
list  of  the  registered  voters  in  their  precincts,  and  requiring  each 
County  Clerk  to  certify  the  same  to  the  Secretary  of  State. 

Approved  March  19,  1901. 

Section  1 .     It  shall  be  the  duty  of  each  and  every  Registry  Registry 
Agent,  before  receiving  pay  for  his  services  as  such,  to  send  ^(fmp^ete  ust 
the  County  Clerk  of  the  county  wherein  he  is  serving,  a  full  ^^jth^count 
and  complete  list  of  the  registered  voters  in  his  precinct,  with  cierk. 
their  ages  and  postofhce  address. 

Sec.  2.     It  shall  be  the  duty  of  each  and  every  County  Clerk  County  cierk 
tliroughout  the  State  upon  receiving  the  said  list  of  registered  certify  said 
voters  from  the  different  Registry  Agents  of  the  different  pre-  precincts  to 
cincts  in  each  county,  to  furnish  forthwith  a  certified  copy  of  secretary  of 
said  registry  list,  containing  the  names  and  postoffice  address 
of  the  said  registered  voters  in  each  and  every  county,  by  pre- 
cincts, to  the  Secretary  of  State,  who  shall  upon  receipt  file  the 
same  in  his  office. 


An  Act  to  provide  for  the  registration  of  voters  in  case  of  death 
or  resignation  of  Registry  Agents. 

Approved  March  6,  1879. 

Section  1 .     It  shall  be  the  duty  of  the  Chairman  of  the  Death  of 
Board  of  County  Commissioners  of  any  county  in  this  State,  Jjflft-^ 
upon  receiving  notice  from  any  responsible  citizen  of  the  death  g^Jj^^  °cora- 
or  resignation  of  any  Registry  Agent  in  their  county  after  the  missioners. 
opening  and  prior  to  the  closing  of  the  books  of  registration, 
to  immediately,  without  giving  notice,  appoint  some  competent 
person  to  fill  such  vacancy. 

Sec.  2.     It  shall  be  the  duty  of  such  person  so  appointed  Must  qualify. 


16 


PRIMARY  ELECTIONS. 


to  qualify  within  two  days  after  receiving  notice  of  such 
appointment. 

Sec.  3.  In  case  of  the  faihire  of  such  person  so  appointed 
to  qualify  within  the  time  herein  provided,  voters  may,  upon 
producing  evidence  as  to  their  right  to  vote,  be  registered  at 
any  other  precinct  in  said  county. 

Sec.  4.  Any  person  so  registered  shall,  upon  i)resentation 
Legal  voter,  and  Surrender  of  a  certificate  of  registration,  signed  by  the 
Registry  Agent  of  said  precinct,  be  considered  a  legal  voter  in 
any  precinct  of  said  county. 

Sec.  5.  This  Act  shall  not  be  so  construed  as  to  interfere 
with  the  right  of  the  full  Board  of  Commissioners  to  make 
such  appointment,  except  in  cases  herein  provided. 


when 
considered. 


PRIMARY  ELECTIONS. 


Words 
construed. 


An  Act  to  provide  for  the  direct  nomination  of  candidates  for  pub- 
lic office  by  electors,  political  paHies  and  organizations  of  elect- 
ors, i(}ithout  conventions,  at  elections  to  be  hnown  and  designated 
as  primarii  elections,  determining  the  tests  and  conditions  upon 
which  electors,  political  parties  and  organizations  of  electors  may 
participate  in  any  such  primary  election,  and  establishing  the 
rates  of  compensation  for  primary  election  officers  serving  at 
such  primary  elections;  providing  for  the  organization  of  politi- 
cal parties  and  the  promidgotion  of  their  platforms,  and  provid- 
ing the  methods  whereby  the  electors  of  political  parties  may 
express  their  choice  at  such  piimary  elections  for  United  States 
Senator,  to  provide  for  the  registration  of  voters  for  said  primary 
elections  and  the  compensation  of  Registry  Agents,  and  to  pro- 
vide penalties  for  violating  the  provisions  of  this  Act. 

stats.  1909,  p.  273. 

Section  1.  The  words  and  phrases  in  this  Act  shall,  unless 
such  construction  be  inconsistent  with  the  context,  be  con- 
strued as  follows : 

The  words  "Primary  Election"  any  and  every  primary 
nominating  election  provided  for  hj  this  Act. 

The  words  "September  Primary  Election"  the  primary  elec- 
tion held  in  September  to  nominate  candidates  to  be  voted  for 
at  the  ensuing  November  election. 

The  word  "Election"  a  general  or  city,  or  city  and  county 
election,  as  distinguished  from  a  primary  election. 


PRIMARY   ELECTIONS.  17 

The  words  "November  Election"  the  Presidential  election, 
the  general  State  election,  district,  county,  township,  or  city 
and  county  election  held  in  November. 

This  statute  shall  be  liberally  construed,  so  that  the   real  J^'his  Act 
will  of  the  electors  shall  not  be  defeated  by  any  informality  construed, 
or  failure  to  comply  with  all  provisions  of  law  in  respe(*t  to 
either  the  giving  of  any  notice  or  the  conducting  of  the  pri- 
mary election  or  certifying  the  results  thereof. 

Sec.  2.  All  candidates  for  elective  public  offices  sliall  be  xomina- 
nominated  as  follows:  made.*'*''^ 

1.  By  direct  vote  at  primaiy  elections  held  in  accordance 
with  the  provisions  of  this  Act;  or 

2.  By  nominating  i)etiti(^ns  signed  and  filed  as  provided  by 
existing  laws. 

Party  candidates  for  the  office  of  United  States  Senator  shall  |'"\*^^ 
be  nominated  in  the  manner  provided  herein  for  the  nomina-  Senator, 
tion  of  candidates  for  State  offic^es. 

This  Act  shall  not  apply  to  special  elections  to  fill  vacan-  certain 
cies,  to  the  nomination  of  party  candidates  for  Presidential  ^'^^^p^'^"^- 
Electors;  nor  to  the  nomination  of  officers  of  the  municipali- 
ties, whose  charters  provide  a  system  for  nominating  candidates 
for  such  offices;  nor  to  the  nomination  of  officers  for  reclamji- 
tion  and  irrigation  districts;  nor  to  School  District  officers  or 
School  Trustees;  nor  shall  it  be  construed  as  restricting  or 
affecting  the  right  of  political  parties  to  hold,  under  existing 
laws,  which  are  hereby  continued  in  force  for  all  such  pur- 
poses, primaries  and  conventions  for  the  selection  of  delegates 
to  national  conventions. 

Sec.  3.     The  September  primary  election  shall  be  held  in  September 
each  precinct  on  the  first  Tuesday  in  Septemljer  for  the  nomi-  eieSfo^n. 
nation  of  all  candidates  to  be  voted  for  at  the  ensuing  Novem- 
ber election.     Any  primary  election  other  than  the  September 
primary  election  shall  be  held  on  Tuesday  three  weeks  next 

eceding  the  election  for  which  such  primary  election  is  held. 
EC.  4.     1.  At  least  sixty  days  before  the  time  for  holding  Duties  of 

ch  September  primary  election  in  1910,  and  biennially  there-  of  st?te^^ 
after,  the  Secretary  of  State  shall  prepare  and  transmit  to  each 
County  Clerk  and  to  the  City  Clerk  in  any  city  a  notice  in 
writing  designating  the  offices  for  which  candidates  are  to  be 
nominated  at  such  primary  election. 

2.  Within  ten  days  after  receipt  of  such  notice  such  County  Notice  to  be 
Clerk  or  City  Clerk  in  any  city  shall  pu1)lish  so  nmch  thereof  p"^^^^^^^- 
as  may  be  applicable  to  his  county  once  in  each  week  for  six 
successive  weeks,  in  not  more  than  two  newspapers  published 

in  such  county  or  city  and  county. 

3.  In  the  case  of  September  primary  elections  for  the  nom-  City  and 
i nation  of  candidates  for  city  or  city  and  county  offices  to  be  pJJSary 
voted  for  at  the  November  election  in  the  odd-numbered  years,  elections. 


18 


PRIMARY   ELECTIONS. 


Other 

primary 

elections. 


Nomination 
papers. 


Form  of 

nomination 

paper. 


All 

nominations 
sworn  to. 


the  City  Clerk  or  secretary  of  the  legislative  hody  in  any  such 
city  shall  cause  the  publication  of  notice  of  such  primary  elec- 
tion, together  with  a  complete  statement  of  the  offices  for  which 
candidates  are  to  be  nominated,  once  in  each  week  for  four 
successive  weeks  in  not  more  than  two  newspapers  of  general 
circulation  published  in  such  city  or  city  and  county,  the  last 
publication  to  be  made  not  more  than  forty  and  not  less  than 
fourteen  days  before  such  primary  election. 

4.  In  the  case  of  primary  elections  other  than  the  September 
primary  elections  the  City  Clerk  or  secretary  of  the  legislative 
body  of  the  political  subdivision  for  which  such  primary  elec- 
tion shall  be  held  shall  cause  one  publication  of  such  notice  to 
be  given,  such  publication  and  posting  to  be  not  more  than 
forty  and  not  less  than  fourteen  days  before  such  primary 
election . 

Sec.  5.  1.  The  name  of  no  candidate  shall  be  printed  on 
an  official  ballot  used  at  any  primary  election  unless  at  least 
thirty  days  prior  to  the  primary  election,  if  the  candidate  is 
to  be  voted  for  at  the  September  primary  election,  and  at  least 
fourteen  days  prior  to  the  primary  election,  if  the  candidate  is 
to  be  voted  for  at  a  primary  election  other  than  the  September 
primary  election,  a  nomination  paper  shall  have  been  filed  in 
his  behalf  as  hereinafter  provided  by  this  Act,  in  substantially 
the  following  form : 
State  of  Nevada,  )  ^^ 

County  of j  ""' 

1,  the  undersigned,  do  solemnly  swear  (or  affirm)  that  I  am 

a  qualified  elector  of  (the precinct  of  the  Town  of 

or  County,  of )  or  (the.... precinct 

of  the ward  of  the  City  of ,  County  of 

)  or  (the precinct  of  the 

election  district  of  the  City  and  County  of ), 

State  of  Nevada,  and  a  member  of  the party, 

and  I  hereby  nominate ,  who  resides  at  (No 

Street,  City  of )  or  (in  the  Town  of ), 

County  of ,  as  a  candidate  for  the nomination 

for  the  office  of ,  to  be  voted  for  at  the  primary 

election  to  be  held  on  the day  of ,  19 ,  as  repre- 
senting the  principles  of  said party,  and  I  further 

declare  that  I  intend  to  support  for  such  nomination  the  can- 
didate named  herein.  Signed 

Residence 

Subscribed  and  sworn  to  before  me  this day  of , 

19 

2.  All  nomination  papers  shall  be  substantially  in  the  above 
form  and  shall  not  be  filed  unless  signed  and  verified  before 
an  officer  authorized  by  the  laws  of  the  State  to  administer 
oaths,  or  before  a  special  verification  deputy  appointed  as 
follows : 


PRIMARY  ELECTIONS.  19 

The  candidate  may  designate  one  or  more  special  verifica-  verification 
tion  deputies  who  shall  qualify  by  filing  with  the  County  Clerk  ^^p^^'^^- 
or  registrar  of  voters  an  oath  or  affirmation  in  substance,  as 
follows : 

State  of  Nevada,  ) 

County  of j  ^^' 

I, ,  depose  and  say:     I  am  a  qualified  elector  of  Form  of  oath. 

the  County  of and  of  the (here  insert  the 

name  of  city,  town  or  precinct) ;  that  I  have  been  designated 

as  a  special  verification  deputy  by ,  who  desires  to 

be  the  candidate  of  the party  for  the  office  of 

(here  designate  the  office);  that  I  can  read  and 

write  the  English  language,  and  that  in  obtaining  signatures 
to  the  nomination  papers  for  the  persons  named  herein,  I 
will  faithfully  observe  the  election  laws  of  the  State  of  Nevada 
in  so  far  as  they  are  applicable  to  the  preparation,  signing  and 
filing  of  nomination  papers. 

(Verification. )  (Signature.) 

3.  Each  signer  of  a  nomination  paper  shall  sign  but  one  Elector  to 
such  paper  for  the  same  office  and  shall  verify  the  same  as  n^mination^ 
above  provided.     He  shall  add  his  occupation  and  residence,  paper  for 
with  street  number,  if  any,  and  if.  no  street  and  number,  or 
either,  exists,  then  such  a  description  of  the  place  of  resi- 
dence, if  in  a  city  or  city  and  county,  as  will  enable  the  loca- 
tion to  be  readily  ascertained ;   he  shall  also  add  the  date  of 
signing. 

■      4.  Such  nomination  papers  prior  to   their  filing  must   be  Papers  must 
fastened  together  and  bound  by  precincts ;  provided,  however,  together 
that  for  all  nominations  of  candidates  to-be  voted  for  in  more 

i^_  than  one  county,  or  throughout  the  entire  State,  the  nomina- 
^P  tion  papers,  properly  assembled  by  precincts,  may  be  consoli- 
!~^  dated  and  fastened  or  bound  together  by  counties,  but  in  no 
case  shall  nomination  papers  signed  bj^  electors  of  different 

I ^t  counties  be  fastened  or  bound  up  together. 
^P      The  County  Clerk  of  any  county  or  City  Clerk  of  any  city  county  and 
shall  examine    all    nomination    papers    herein    provided    for  examine^air 
which  purport  to  have  been  signed  by  electors  of  his  town  nomination 

I^K  or  city,  and  shall  disregard  any  name  appearing  on  such  ^'^^^^^' 
^r  paper  or  papers  which  is  not  on  the  registry  list  of  voters 
for  said  county  or  city.  Such  officer  shall  affix  to  all  nom- 
ination papers  a  certificate  reciting  that  he  has  examined  the 
'same,  and  stating  the  number  of  names  signed  thereto  which 
appear  upon  the  register.  All  nomination  papers  pertaining 
to  State  Senators  and  Assemblymen,  and  to  the  nomination 
of  candidates  to  be  voted  for  in  more  than  one  county,  shall, 
with  such  certificate  attached,  be  forwarded,  within  five  days 
after  such  paper  or  papers  are  left  with  any  County  Clerk  for 
examination,  to  the  Secretary  of  State,  who  shall  receive  and 
file  the  same. 


20  PRIMARY   ELECTIONS. 

The  verificatiDD  of  signatures  for  nomination  papers  sliall 
Affidavit  of  not  be  made  by  the  candidate,  Init  each  candidate  shall  file 
with  his  nomination  paper  or  papers  his  affidavit,  stating  his 
residence,  the  street  and  numl)er,  if  any;  his  election  precinct; 
that  he  is  a  qualified  elector  in  the  election  precinct  in  which 
lie  resides;  the  name  of  his  party  and  that  of  the  office  for 
which  he  desires  to  be  a  candidate;  that  he  affiliated  with  said 
party  at  tlie  last  preceding  general  election,  and  either  that 
he  did  not  vote  thereat  or  voted  for  a  majority  (^f  the  candi- 
dates of  said  party  at  said  next  preceding  general  election,  and 
intends  to  so  vote  at  the  ensuing  election,  and  that  if  nominated 
he  will  accept  such  nomination  and  not  withdraw,  and  that 
he  will  qualify  as  such  officer  if  nominated  and  elected. 

In  the  case  of  an  elector  seeking  nomination  for  the  office  of 
statement  as  State  Senator  or  Member  of  the  Assembly,  he  may  include 
states  with  liis  affidavit  one  of  the  two  statements  hereinafter  set 

Senator.  forth  in  this  section  and  sul)division.  His  failure  to  include 
either  such  statement  shall  not  be  a  valid  ground  for  refusal 
to  receive  and  file  his  nomination  papers  or  paper  by  the  Sec- 
retary of  State,  County  Clerk  or  registrar  of  voters  in  any  city 
and  county  as  the  case  may  be.  Such  statements,  if  any  be 
made,  shall  be  in  substantially  the  following  form: 

I  further  declare  to  the  people  of  Nevada,  and  to  the  people 

Form  of         of (Senatorial  or  Assembly)  District  that  during 

affidavit.  j^y  term  of  office,  without  regard  to  my  individual  preference, 
I  will  always  vote  for  that  candidate  for  United  States  Senator 
in  Congress  who  has  received  for  that  office  the  highest  num- 
ber of  the  people's  votes  for  that  position  at  the  general  ele(*- 
tion  next  preceding  the  election  of  a  Senator  in  Congress. 

(Signature  of  candidate  for  nomination.) 

If  the  candidate  be  unwilling  to  sign  the  above  statement, 
he  may  sign  the  following  declaration,  which  shall  be  filed 
with  his  nomination  paper  or  papers  and  affidavit: 

I  further  declare  to  the  people  of  Nevada,  and  to  the  people 

Same.  of  the (Senatorial  or  Assembly)  District  that  during 

my  term  of  office  I  shall  consider  the  vote  of  the  people  at  any 
primary  election  for  United  States  Senator  as  nothing  more 
than  a  recommendation,  Avhich  I  shall  be  at  lil)erty  wholly  to 
disregard  as  I  see  fit. 

(Signature  of  candidate  for  nomination. ) 

5.  Such  nomination  papers  shall  be  signed  as  follows: 

(a)  If  for  a  State  office  or  for  United  States  Senator,  or  Rep- 

Percentage    resentativc  in  Congress,  by  at  least  three  per  centum  <^f  the 

neceSary.^^^  voters  of  the  party  of  such  candidate,  in  this  State. 

State  office.        (b)  If  for  any  officer  voted  for  in   a   district  comprising 

District  office  ^^^^1*^  than  One  county  and  less  than  the  entire  State,  by  at 

least  three  per  centum  of  the  voters  of  his  party  in  such  district . 

(e)   If  for  anv   office   voted   for  entirelv  within  onr  citv. 


PRIMARY   ELECTIONS.  21 

county,  town  or  township,  by  at  least  three  per  centum  of  the  County,  city 
party  vote  in  such  county,  town,  city  or  township.  office!^"^^''^ 

The  basis  of  percentage  in  such  case  shall  be  the  vote  of  the  Basis  of 
party  for  its  candidate  for  Presidential  Elector  receiving  the  pe^ceutage. 
greatest  inmiber  of  votes  at  the  last  preceding  Presidential 
election.  But  any  (^ther  political  organization  which  had  no 
candidate  for  Presidential  Elector  at  such  Presidential  election, 
but  which  at  such  Presidential  election  or  at  the  last  general 
State  election  was  represented  on  the  official  ballot  by  either 
regular  party  candidates  or  by  individual  nominees  only  may, 
upon  complying  with  the  provisions  of  this  Act,  have  a  sepa- 
rate primary  election  ticket  as  a  political  party,  if  any  of  its 
candidates  or  individual  nominees  receive  three  per  centum  of 
the  total  vote  cast  at  such  Presidential  or  general  State  election 
in  the  State  or  political  subdivision  thereof  in  which  the  can- 
didate seeks  the  nomination.  In  such  case  the  basis  of  per- 
centage shall  be  the  vote  of  that  party  for  its  candidate  who 
received  the  greatest  number  of  votes  at  such  last  preceding 
Presidential  election  or  at  such  last  preceding  general  State 
election,  in  the  State  or  political  subdivision  thereof  in  Avhich 
the  candidate  seeks  the  nomination. 

Nothing  herein  shall  be  construed  as  prohibiting  the  inde-  independent 
pendent  nomination  of  candidates  to  be  voted  for  at  any  gen-  Sow  made°^' 
era!  election,  by  electors  or  bodies  of  electors,  as  now  provided 
by  law,  but  a  candidate  defeated  at  a  primary  election  held 
under  the  provisions  of  this  Act  shall  be  ineligible  for  nomina- 
tion to  the  same  office  at  the  same  election. 

Sec.  6.  All  nomination  papers  provided  for  by  this  Act  shall  Nomina- 
be  filed  as  follows:  K'"^''" 

1.  For  State  officers.  United  States  Senators,  Representatives 
in  Congress,  and  all  officers  voted  for  in  districts  comprising 
more  than  one  county,  in  the  office  of  the  Secretary  of  State. 

2.  For  officers  to  be  voted  for  wholly  within  one  county, 
city,  town  or  township,  in  the  office  of  the  County  Clerk  of 
such  county. 

3.  For  city  officers,  in  the  office  of  the  City  Clerk  or  secre- 
tary of  the  legislative  body  of  such  city  or  municipality. 

Sec.  7.     1.  A  filing  fee  of  fifty  dollars  shall  be  paid  to  the  Fees  for 
Secretary  of  State  when  the  nomination  papers  or  paper  and  ^""^• 
affidavit  for  any  candidate  for  State  office,  Representative  in 
Congress  or  the  United  States  Senate  are  filed  with  such  Sec- 
retary of  State. 

2.  A  filing  fee  of  twenty-five  clollars  shall  be  paid  to  the 
Secretary  of  State  when  the  nomination  paper  or  papers  and 
affidavit  of  any  candidate,  to  be  voted  for  in  any  district  com- 
prising more  than  one  county,  are  filed  with  such  Secretary  of 

^^,  State. 

^B      3.  A  filing  fee  of  ten  dollars  shall  be  paid  to  the  County 

L 


22  PRIMARY   ELECTIONS. 

Same.  Clerk  when  the  nomination  paper  or  papers  and  affidavit  of 

any  candidate  to  be  voted  for  wholly  within  one  county  or 
town  or  township  are  filed  with  such  County  Clerk. 

4.  A  filing  fee  of  ten  dollars  shall  be  paid  by  the  candidate 
for  Assembly  or  Senate  to  the  County  Clerk  of  his  county. 

5.  A  filing  fee  of  ten  dollars  shall  be  paid  to  the  City  Clerk 
or  secretary  of  the  legislative  body  of  any  municipality  wdien 
the  nomination  paper  or  papers  and  affidavit  of  any  candidate 
for  a  city  office  are  filed  with  such  Clerk  or  secretary  of  such 
legislative  body. 

6.  No  filing  fee  shall  be  required  from  any  candidate  for  an 
No  fee,  when,  office  to  the  holder  of  which  no  compensation  is  required  to 

be  paid. 

Sec.  8.     The  County  Clerk  shall  immediately  pay  to  the 

dfspoied^f    County  Treasurer  all  fees  received  from  candidates.     The  City 

Clerk  or  secretary  of  the  legislative  body  of  any  municipality 

shall  immediately  pay  to  the  City  Treasurer  all  fees  received 

from  candidates. 

Immediately  after  the  last  day  for  filing  nomination  papers 
the  Secretary  of  State  shall  pay  to  the  State  Treasurer  all  fees 
received  from  candidates,  and  shall  apportion  the  fees  paid  to 
him  by  each  candidate  equally  among  the  counties  within 
which  such  candidate  is  to  be  voted  for  and  certify  such  appor- 
tionment to  the  State  Controller,  who  shall  issue  warrants  on 
the  State  Treasurer  for  the  amount  due  each  county  and  the 
State  Treasurer  shall  pay  the  same. 

Sec.  9.     The  expense  of  providing  all  ballots,  blanks  and 

All  ballots,     other  supplies  to  be  used  at  any  primary  election  provided  for 

from^pubiic^  ^J  ^^^^  ^^^^  ^^^  ^H  expenses  necessarily  incurred  in  the  prep- 

treasuries.     aration  for  or  the  conduct  of  such  primary  election,  shall  be 

paid  out  of  the  treasury  of  the  city,  town  or  township,  county 

or  State,  as  the  case  may  be,  in  the  same  manner,  with  like 

effect  and  by  the  same  officers  as  in  the  case  of  election. 

Sec.  10.     At  least  twenty-five  days  before  any  September 

Secretary  of  primary  election  preceding  a  November  election  the  Secretary 

cert^1y°         ^^  state  shall  transmit  to  each  County  Clerk  of  any  county  a 

nominations,  certified  list  Containing  the  names  and  postoffice  address  of 

each  person  for  whom  nomination  papers  have  been  filed  in 

the  office  of  such  Secretary  of  State  and  who  is  entitled  to  be 

voted  for  in  such  county  at  such  primary  election,  together 

with  a  designation  of  the  office  for  which  such  person  is  a 

candidate  and  of  the  party  pr  principle  he  represents. 

Such  County  Clerk  shall  forthwith,  upon  receipt  thereof, 
County  publish  Under  the  proper  party  designation  the  title  of  each 
pubiSh^  office,  the  names  and  addresses  of  all  persons  for  whom 
nominations  nomination  papers  have  been  filed,  the  date  of  the  primary 
Sf  pr^miry  election,  the  hours  during  which  the  polls  will  be  open,  and 
election.  ^j^^^  ^^^  primary  election  will  be  held  at  the  regular  polling 
places  in  each  precinct,  which  shall  be  particularly  designated. 


PRIMARY  ELECTIONS.  23 

It  shall  be  the  duty  of  the  County  Clerk  to  cause  such  publica- 
tion to  be  made  for  two  successive  weeks  prior  to  said  primary 
election. 

Sec.   11.     Every  publication  required  by  this  Act  shall  be  Not  pub- 
made  in  not  more  than  two  newspapers  of  general  circulation  more^than 
published  in  such  county  or  city  or  town  or  township,  and  one  t^o  papers, 
of  such  newspapers  shall  represent  the  political  party  that  cast 
at  the  last  preceding  general  election  the  highest  number  of 
votes  in  such  county  or  city  or  town  or  township,  and  one  of 
such  newspapers,  if  any,  shall  represent  the  party  which  cast 
the  next  highest  number  of  votes  at  such  election.     In  any 
case  where  the  publication  of  the  •  notices  provided  for  by  this 
Act  cannot  be  made  as  hereinbefore  provided  it  shall  be  made 
in  any  newspaper  having  a  general  circulation  in  the  city  or 
county  in  which  the  notice  is  required  to  be  published. 

Sec.  12.     1.  All  voting  at  primary   elections   within   the  voting  at 
meaning  of  this  Act  shall  be  by  ballot.     A  separate  official  eieSkJn: 
ballot  for  each  political  party  shall  be  printed  and  provided  ^^^^f^^f^^^j. 
for  use  at  each  voting  precinct.     It  shall  be  the  duty  of  the  each  party. 
County  Clerk  of  each  county  to  provide  such  printed  official 
ballots  to  be  used  at  any  September  primary  election  for  the 
nomination  of  candidates  to  be  voted  for  in  such  county,  town 
or  township  at  the  ensuing  November  election.     It  shall  be 
the  duty  of  the  City  Clerk  or  secretarj^  of  the  legislative  body 
of  any  municipality  to  provide  such  printed  official  ballots 
for  any  primary  election  other  than  the  September  primary 
election . 

Such  official  ballots  to  be  used  at  any  primary  election  shall  Baiiots  on 
be  printed  on  different  colored  paper,  each  political  party  to  colored 
have  a  different  colored  ballot,  one  shall  be  white,  one  blue,  Jach  party 
one  pink,  and  such  other  colors  as  the  Secretary  of  State  may 
designate.     The  Secretary  of    State  shall    furnish  the  paper  secretary  of 
necessary  to  print  said  ballots,  and  it  shall  be  the  duty  of  the  f^frnfsh^paper 
Secretary  of  State  to  obtain  and  keep  on  hand,  a  sufficient 
supply  of  such  paper  for  ballots,  and  to  furnish  the  same  in 
quantities  ordered  to  any  County  Clerk.     Said  paper  shall  be 
water-marked  with  a  design  furnished  by  the  Secretary  of 
State  in  such  manner  that  the  said  water-mark  shall  be  plainly 
discernible  on  the  outside  of  such  ballot  when  properly  folded 
and  such  design  shall  be  changed  at  each  primary  election. 
The  names  of  all  candidates  for  the  respective  offices  for  whom 
the  prescribed  nomination  papers  have  been  duly  filed  shall 
])e  printed  thereon. 

2 .  Official  primary  election  ballots  used  at  any  primary  elec-  size  of  baiiot 
tion  for  the  nomination  of  candidates  to  be  voted  for  at  any  re^"'^*«<'- 
Presidential  or  general  State  election  shall  be  not  less  than 
twelve  inches  wide  and  as  long  as  the  herein  prescribed  cap- 
tions, heading,  party  designations,  directions  to  voters  and  lists 
of  names  of  candidates,  properly  subdivided  according  to  the 


24 


PRIMARY   ELECTIONS. 


Size  of 
type  used 
regulated. 


Wording  of 
instructions. 


Further 
regulations 
as  to  form 
of  ballot. 


several  offices  to  Ix^  nominated  for,  may  require;  and  no 
official  x)rimary  election  ballot  shall  be  less  tlian  six  and  one- 
half  inches  wide. 

8.  Across  the  top  of  the  l^allot  shall  be  printed  in  heavy - 
faced  Gothic  capital  type,  not  smaller  than  fifty-four  point,  the 
words:  "Official  Primary  Election  Ballot."  Beneath  this  head- 
ing shall  ])e  printed  in  heavy -faced  Gothic  capital  type,  not 
smaller  than  thirty-point,  the  party  designation.  In  the  case 
of  official  primary  election  ballots  to  ])e  used  at  any  primary 
election  held  for  the  nomination  of  candidates  other  than  those 
to  be  voted  for  at  a  Presidential  or  a  general  State  election,  and 
on  which,  in  accordance  with  the  provisions  of  this  Act,  the 
names  of  candidates  may  be  printed  in  a  single  column  or  in 
tw^o  parallel  columns,  as  the  case  may  be,  the  words  "Official 
Primary  Election  Ballot"  shall  })e  printed  thereon  in  heavy - 
faced  Gothic  capital  type,  not  smaller  than  twenty-four  point. 
The  party  designation  shall  be  printed  in  heavy-faced  Gothic- 
capital  type,  not  smaller  than  eighteen -point.  The  instruc- 
tions to  voters  shall  ])e  printed  in  eight-point  Roman  type. 

4.  At  least  three-eighths  of  an  inch  below  the  voting  precinct 
designation  and  the  date  of  the  primary  election  shall  be  printed 
in  eight -point  Roman  type,  double-leaded,  the  following 
instructions  to  voters: 

"To  vote  for  a  person  whose  name  appears  on  the  ballot, 
stamp  a  cross  (X)  in  the  square  at  the  right  of  the  name  of 
the  person  for  whom  j^ou  desire  to  vote." 

5.  The  instructions  to  voters  shall  be  separated  from  the 
lists  of  candidates  and  the  designations  of  the  several  offices 
to  l)e  nominated  for  by  one  light  and  one  heavy  line  or  rule. 
The  names  of  the  candidates  and  the  respective  officers  shall, 
except  as  may  be  hereinafter  otherwise  provided,  be  printed 
on  the  ballot  in  four  or  more  parallel  columns,  each  two  and 
one-half  inches  wide.  The  number  of  such  parallel  columns 
shall  be  exactly  divisible  by  two,  and  such  parallel  columns 
shall  be  equally  divided  on  the  ])allot  for  State  and  county 
tickets  by  a  solid  black  line,  extending  down  from  the  printed 
lines  separating  the  instructions  to  voters  from  the  lists  of 
names  of  candidates  to  the  bottom  margin  of  the  ballot.  In 
the  case  of  a  primary  election  for  the  nomination  of  candi- 
dates to  be  voted  for  at  a  Presidential  or  general  State  elec- 
tion the  order  of  precedence  shall  be  as  follows,  that  is  to  say: 
In  the  columns  to  the  left  of  the  solid  black  dividing  line 
shall  be  printed  the  groups  of  names  of  candidates  for  nomi- 
nation for  United  States  Senator  in  Congress,  if  any,  and 
Representatives  in  Congress,  and  for  State  and  district  offices. 
In  the  parallel  columns  to  the  right  of  the  heavy  ])lack  divid- 
ing line  shall  1)6  printed  the  groups  of  names  of  candidates 
for  nomination  to  county  and  township  offices,  State  Senator 
and  Members  of  Assembly. 


PRIMARY   ELECTIONS.  25 

In  the  case  of  primary  elections  for  the  nomination  of  can-  For 
didates  for  city  or  numicipal  offices  only,  tlie  groups  of  names  Sffice?s^^^ 
of  candidates  may  be  printed  in  two  parallel  colunms  and  the 
order  of  precedence  shall  l)e  determined  by  the  legislative  ])ody 
of  sucli  city  or  municipality  or  by  the  Board  of  ]^]lection  Com- 
missioners of  any  such  city  and  c(nmty. 

6.  The  names  of  the  candidates  shall  l)e  gnniped  and  made  Names,  how 
to  alternate  on  the  ballot,  as  provided  by  Section  13  of  this  ^^'^"p^^- «^- 
Act,  and  each  grc^up  shall  Ije  preceded  by  the  designation  of 

the  office  for  which  the  candidates  seek  nomination  and  the 
words  "Vote  for  One"  or  "Vote  for  Two"  or  more,  according 
to  the  number  to  be  nominated.  Such  designation  of  the 
office  to  be  nominated  for  and  of  the  number  of  candidates  to 
be  nominated  shall  be  printed  in  heavy-faced  Gothic  type,  not 
smaller  than  eight-point.  The  word  or  w^ords  designating  the 
office  shall  be  printed  flush  with  the  left-hand  margin,  and  the 
words  "Vote  for  One"  or  "Vote  for  Two"  or  more,  as  the  case 
may  be,  shall  extend  to  the  extreme  right  of  the  column  and 
over  the  voting  square.  The  designation  of  the  office  and  the 
direction  for  voting  shall  be  separated  from  the  names  of  the 
candidates  })y  a  light  line. 

7 .  The  names  of  the  candidates  shall  be  printed  on  the  bal-  hoj^,  name!? 
lot,  without  indentation,  in  Gothic  capital  type  not  smaller  printed, 
than  eight-point,  betw^een  light  lines  or  rules  three-eighths  of 

an  inch  apart.  Under  each  group  of  names  of  candidates  shall 
be  printed  as  many  blank  spaces,  defined  by  light  lines  or  rules, 
three-eighths  of  an  inch  apart,  as  there  are  to  be  candidates 
nominated  for  such  office.  To  the  right  of  the  names  of  the 
candidates  shall  he  printed  a  light  line  or  rule  so  as  to  form  a 
voting  square  three-eighths  of  an  inch  square.  Each  group  of  Square  for 
names  of  candidates  shall  be  separated  from  the  succeeding  stamp^ 
group  by  one  light  and  one  heavy  line  or  rule.  Each  series  of 
groups  shall  be  headed  by  the  word  "State"  "Congressional" 
"Legislative"  "County  and  Township"  or  "Municipal"  or  other 
proper  general  classification,  as  the  case  may  be,  printed  in 
heavy-faced  Gothic  capital  type  not  smaller  than  eight-point. 
All  official  primary  election  l)allots  shall  have  printed  on  the 
back  and  innnediately  l)elow  the  center  thereof,  in  cighteen- 
point  Gothic  capital  type  the  words  "  Official  Primary  Election 
Ballot"  and  beneath  these  words  the  respective  counties  in 
which  each  1)allot  is  to  be  voted. 

8.  At  the  bottom  of  the  last  column  on  any  official  primarj^  county  com- 
election  ballot  to  be  voted  in  September  for  the  nomination  of  "^^"eeman. 
candidates  to  be  voted  for  at  the  ensuing  November  election, 

there  shall  be  left  one  blank  space  defined  by  light  lines  or 
rules  three-eighths  on  [of]  an  inch  apart  and  which  shall  be 
preceded  l)y  the  words  "County  Committeeman," 

9.  The  i)rimary  election  ballot  shall  be  printed  substantially  Form  of 
in  tlie  following  form :  baiiot. 


26 


PRIMARY   ELECTIONS. 


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PRIMARY   ELECTIONS.  27 

Sec.  13.  Whenever  nomination  papers  have  been  duly  filed  Regulations 
for  two  or  more  persons  as  candidates  for  nomination  to  the  of  names!*"^ 
same  office  by  any  political  party  the  names  of  all  such  candi- 
dates shall  be  so  alternated  on  the  official  ballots  used  in  each 
election  precinct  that  they  shall  appear  thereon  substantially 
an  equal  number  of  times  at  the  top,  the  bottom,  and  at  each 
intermediate  place,  if  any,  of  the  list  of  [or]  group  in  which 
they  belong.  All  officers  charged  with  the  preparation  and 
distribution  of  such  ballots  shall  cause  the  printer's  forms  to 
be  so  transposed  and  each  block  of  ballots  to  be  so  made  up  as 
to  carry  out  the  intent  thereof. 

Sec.  14.  At  least  twenty  days  before  the  September  primary  sample 
election  each  City  Clerk  or  County  Clerk  in  any  city  or  county  white  paper, 
shall  prepare  separate  sample  ballots  for  each  political  party, 
placing  thereon  alphabetically,  according  to  surnames,  under 
the  appropriate  title  of  each  office,  the  names  of  all  candidates 
for  whom  nomination  papers  have  been  duly  filed  with  him, 
or  have  been  certified  to  him  by  the  Secretary  of  State,  to  be 
voted  for  at  the  primary  election  in  his  county  or  city  and 
county.    Such  sample  l^allots  shall  be  printed  on  white  paper. 

Such  Clerk  shall  forthwith  submit  the  ticket  of  each  political  ^ubmirticket 
party  to  the  chairman  of  the  county  committee  of  such  party  to  each  party 
and  shall  mail  a  copy  to  each  candidate  for  whom  nomination  ^^^^'^™^°- 
papers  have  been  filed  with  him  or  whose  name  has  been  cer- 
tified to  him  by  the  Secretary  of  State,  to  the  postoffice  address 
as  given  in  such  nomination  paper  or  certification,  and  he 
shall  post  a  copy  of  each  sample  ballot  in  a  conspicuous  place 
in  his  office.    Such  Clerk  or  registrar  of  voters  shall  also  cause  sample 
such  sample  ballots  to  be  published  twice  in  not  more  than  pubHshed.^^ 
two  newspapers  of  general  circulation  published  in  his  county 
or  city  and  county,  and  such  publication  shall  be  made  not 
more  than  twenty  days  nor  less  than  ten  days  before  such  pri- 
mary election,  and  such  Clerk  shall  print  for  general  distribu- 
tion one  party  sample  ballot  for  each  party  voter  in  a  precinct  One  for 
and  shall  distribute  said  sample  ballots  not  less  than  ten  days 
before  such  primary  election. 

On  the  tenth  day  before  such  primary  election  the  County  county  cierk 
Clerk  shall  correct  any  errors  or  omissions  in  the  ballot,  cause  errors  in 
the  same  to  be  printed  as  provided  by  Section  13  of  this  Act  I'aiiots. 
and  distributed  as  provided  by  law,  except  that  the  number 
of  party  ballots  to  be  furnished  to  each  voting  precinct  shall 
be  apportioned  at  the  ratio  of  one  hundred  and  fifty  such 
party  ballots  for  each  one  hundred  voters  of  such  party  regis- 
tered in  such  precinct. 

In  the  case  of  primary  elections  for  the  nomination  of  can-  City  offices, 
didates  for  city  offices  it  shall  be  the  duty  of  the  City  Clerk, 
secretary  of  the  legislative  body  of  such  city  or  municipality, 
or  such  other  officer  charged  by  law  with  the  duty  of  prepar- 
ing and  distributing  official  ballots  used  at  elections  in  such 
city  or  municipality,  to  prepare  and  distribute  the  sample 
and  official  primary  election  ballots,  and  so  far  as  applicable 


28 


PRIMARY   ELECTIONS. 


Names  of 
candidates  to 
be  published. 


Hours  for 
opening  and 
closing  polls. 


Primary 
election 
officers. 


Regular 
election  laws 
to  govern. 


Registra- 
tion, etc. 


Supplemen- 
tal registers. 


and  not  otherwise  provided  lierein  the  provisions  of  this  Act 
shall  apply  to  the  nomination  of  all  candidates  for  city  offices; 
provided,  that  the  lists  of  candidates  shall  be  posted  and  pul)- 
lished  at  least  ten  days  before  such  primary  election  and  the 
official  ballot  printed  at  least  four  days  before  the  day  of  hold- 
ing such  primary  election. 

Sec.  15.  The  polls  must  l)e  open  at  8  o'clock  of  the  morn- 
ing of  the  day  of  primary  election  and  must  l)e  kept  open  until 
6  o'clock  in  the  afternoon  of  the  same  day  when  the  polls  shall 
be  closed;  provided,  however ,  if  at  the  hour  of  closing  there  are 
any  voters  in  the  polling  place,  or  in  line  at  the  door,  who  are 
(lualified  to  vote  and  have  not  been  able  to  do  so  since  appear- 
ing, the  polls  shall  be  kept  open  a  sufficient  time  to  enable 
them  to  vote.  But  no  one  who  shall  arrive  at  the  polling 
place  after  6  o'clock  in  the  afternoon  shall  be  entitled  to  vote, 
although  the  polls  may  be  open  when  he  arrives.  No  adjourn- 
ment or  intermission  shall  l)e  taken  except  as  j)rovided  in  the 
case  of  elections. 

Sec.  16.  The  officers  for  primary  elections  shall  ])e  the  same 
as  provided  by  law  for  general  elections,  and  such  officers  shall 
receive  the  same  compensation  for  their  services  at  primary 
elections  as  provided 'by  law  for  general  elections.  It  shall  be 
the  duty  of  the  proper  officers  to  furnish  certified  copies  of  the 
official  register,  together  with  the  check  list  for  election  dis- 
trict, to  one  of  the  inspectors  of  election  as  now  provided  by 
law. 

Sec.  17.  That  the  qualifications  and  regulation  of  voters 
at  primary  elections  shall  ])e  subject  to  the  same  tests  and 
governed  by  the  same  provisions  of  law  and  rules  and  regu- 
lations as  are  now  prescribed  by  law  for  other  elections  and 
the  same  officers  who  prepare  and  furnish  registers  for  gen- 
eral elections  shall  prepare  and  furnish  them  for  use  at  primary 
elections,  and  it  shall  be  the  duty  of  the  proper  officers  to 
furnish  a  certified  copy  of  the  register  and  supplements  thereto, 
for  use  at  primary  elections,  which  said  register  shall  show 
the  names  of  all  voters  entitled  to  vote  at  such  elections.  Said 
register  shall  be  made  by  taking  the  names  of  all  voters  on 
the  register  used  at  the  last  general  election  in  the  city,  town 
or  county,  together  with  supplemental  registers  or  additions 
showing  all  additional  registrations,  changes  and  corrections 
made  since  the  last  general  registration.  The  supplemental 
registers  to  be  made  as  follows:  All  persons  entitled  to  reg- 
ister or  vote  at  any  primary  election  in  any  town,  city  or 
county  whose  names  are  not  upon  the  register,  or  who  may 
be  entitled  to  transfer  their  registration,  shall  be  entitled  to 
be  registered  or  transferred  so  as  to  enable  them  to  vote  at 
such  primary  elections,  and  for  that  purpose  it  shall  be  the 
duty  of  the  officer  charged  with  the  registration  of  voters  of 
such  town,  city  or  county  to  keep  his  office  open  for  at  least 
fifty  days  prior  to  fifteen  days  immediately  preceding  such 


PRIMARY   ELECTIONS.  29 

primary  election,  and  to  register  all  voters  entitled  to  vote  at 
such  primary  election. 

Said  Registr}^  Agent  shall  ])e  paid  a  reasonable  sum  for  copy-  Fees  of 
ing  the  names  from  one  register  to  another,  the  amount  to  be  AglnV^ 
fixed  by  the  County  Commissioners  of  the  county ;  for  all  new 
names  he  shall  l)e  paid  as  now  allowed  by  law. 

Sec.  18.  Any  elector  desiring  to  vote  at  any  jirimary  elec-  ^0^^*^°^^"^ 
tion  on  behalf  of  any  party  shall  give  his  name  and  address  to 
the  Ballot  Clerk,  and  announce  the  name  of  the  political  party 
for  whose  candidates  he  intends  to  vote,  the  Ballot  Clerk  shall 
immediately  announce  the  same  and  the  elector's  right  to  vote 
may  be  challenged  by  anj^  elector  upon  any  of  the  grounds  now 
allowed  l)y  law  as  cliallenge  to  the  right  to  vote  at  a  general 
election,  and  upon  the  further  ground  that  the  elector  is  not  a 
member  of  the  political  party  for  whose  candidates  he  intends 
to  vote. 

That  when  so  challenged,  his  right  to  vote  must  be  withheld  ^owmet^' 
unless  he  makes  oath  or  affirmation  as  to  his  bona  fide  present 
intention  to  support  the  nominees  of  such  political  party  or 
organization.  It  shall  be  the  duty  of  the  Inspector  to  tender 
such  oath  or  affirmation  to  any  voter  challenged  on  the  grounds 
as  aforesaid.  If  not  challenged,  or  if  the  challenge  is  overruled 
or  withdrawn,  the  elector  shall  receive  from  the  Ballot  Clerk  a 
l)allot  having  the  designation  or  heading  of  the  political  party 
demanded  b}^  the  said  elector. 

He  shall  be  instructed,  if  necessary,  by  a  member  of  the 
board  as  to  the  proper  method  of  marking  and  folding  his  })al- 
lot,  and  he  shall  then  retire  to  an  unoccupied  booth  and  with- 
out undue  delay  stamp  the  same  with  the  rubber  stamp  there 
found.  If  he  shall  spoil  or  deface  the  ballot  he  shall  jit  once  New  ballot, 
return  the  same  to  the  Ballot  Clerk  and  receive  another. 

Sec.  19.  The  voter  shall  designate  his  choice  on  the  ballot  ^0^^*^^°* 
by  stamping  a  cross  (X)  in  the  small  square  oppf)site  the  name 
of  each  candidate  for  whom  he  wishes  to  vote.  If  he  shall 
stamp  more  names  than  there  are  candidates  to  be  nominated 
for  any  office,  or  if  for  any  reason  it  is  impossible  to  determine 
his  choice  for  any  office,  his  ballot  shall  not  ])e  counted  for 
such  offi(te,  but  the  rest  of  his  ballot,  if  properly  stamped,  shall 
be  counted.  No  ballot  shall  be  rejected  for  any  technical  error 
which  does  not  render  it  impossible  to  determine  the  voter's 
choice,  nor  even  though  such  l)allot  be  somewhat  soiled  or 
defaced. 

Sec.  20.  When  a  voter  lias  stamped  his  ballot  he  shall  fold  Jfg^fj^^ 
it  so  that  its  face  shall  be  concealed  and  only  the  printed  desig- 
nation on  the  back  thereof  shall  be  visible,  and  hand  the  same 
to  a  member  of  the  board  in  charge  of  the  ballot  V)ox.  Such 
folded  ballot  shall  l)e  placed  in  the  ])allot  box  in  the  presence 
of  the  voter,  and  the  name  of  the  voter  checked  upon  the  reg- 
ister as  having  voted. 

Sec.  21.     No  adjournment  or  intermission  whatever  shall 


30 


PRIMARY   ELECTIONS. 


Polls  open 
continu- 
ously. 


Proviso. 


Judges  to 

publicly 

canvass. 


Final 
canvass. 


Clerk 
to  record 
statement 
of  votes. 


Duplicate 
statement. 


take  place  until  the  polls  shall  be  closed  and  until  all  the  votes 
cast  at  such  polls  shall  be  counted  and  the  result  publicly 
announced,  but  this  shall  not  be  deemed  to  prevent  any  tem- 
porary recess  while  taking  meals  or  for  the  purpose  of  other 
necessary  delay;  provided,  that  no  more  than  one  member  of 
the  board  shall  at  any  time  be  absent  from  the  polling  place. 

Sec.  22.  As  soon  as  the  polls  are  finally  closed  the  judges 
must  immediately  proceed  to  canvass  the  votes  cast  at  such 
I)rimar3'  election.  The  canvass  must  be  public,  in  the  presence 
of  bystanders,  and  must  be  continued  without  adjourment 
until  completed,  and  the  result  thereof  declared.  Except  as 
hereinafter  provided,  the  canvass  shall  be  conducted,  com- 
pleted and  returned  as  provided  by  law. 

The  number  of  ballots  agreeing  or  being  made  to  agree  with 
the  number  of  names  on  the  lists,  as  now  provided  by  law,  the 
board  must  take  the  ballots  from  the  box,  count  those  cast  by 
each  party,  and  string  them  separatelj^;  count  all  the  votes 
cast  for  each  party  candidate  for  the  several  offices  and  record 
the  same  on  separate  tally  lists  for  each  party. 

Sec.  23.  The  Board  of  County  Commissioners  of  each  county 
or  in  the  case  of  a  city  or  municipal  primary  election,  the  offi- 
cers charged  by  laiv  with  the  duty  of  canvassing  the  votes  at 
any  city  or  municipal  election  in  such  political  subdivision, 
shall  meet  at  the  usual  place  at  1  o'clock  in  the  afternoon  of 
the  first  Friday  after  each  primary  election  to  canvass  the 
returns. 

If  at  the  time  of  meeting  the  returns  from  each  precinct  in 
the  county,  city  and  county  or  other  political  subdivision  in 
which  polls  were  open  have  been  received  the  board  must  then 
and  there  proceed  to  canvass  the  returns;  but  if  all  these 
returns  have  not  been  received  the  board  may  adjourn  to  1 
o'clock  in  the  afternoon  of  the  following  Monday,  when  the 
canvass  shall  begin  and  be  continued  until  completed,  which 
shall  not  be  later  than  6  o'clock  in  the  afternoon  of  the  tenth 
day  following  such  primary  election. 

The  Clerk  of  the  Board  must,  as  soon  as  the  result  is  declared 
enter  upon  the  records  of  such  board  a  statement  of  such 
results,  which  statement  shall  contain  the  whole  number  of 
votes  cast  for  each  candidate  of  each  political  party,  and  for 
County  Committeeman,  if  anj^  and  a  duplicate  as  to  each 
political  party  shall  be  delivered  to  the  county,  city  and  county, 
or  city  chairman  of  such  political  party,  as  the  case  may  be. 

The  Clerk  shall  also  make  an  additional  duplicate  state- 
ment in  the  same  form,  showing  the  votes  cast  for  each 
candidate  not  voted  for  wholly  within  the  limits  of  such 
county,  or  city  and  county.  The  County  Clerk  in  any  county 
shall  forthwith  send  to  the  Secretary  of  State  by  registered 
mail  one  complete  copy  of  all  returns  as  to  such  candidates 
and  as  to  all  candidates  for  the  State  Assembly,  State  Senate, 
Representatives  in  Congress,  and  judicial  offices,  except  Jus- 
tices of  the  Peace. 


PRIMARY  ELECTIONS.  31 

The  Clerk  shall  also  prepare  a  separate  statement  of  the 
names  of  the  candidates  of  each  political  party  who  have 
received  the  highest  number  of  votes  for  the  several  offices  to 
be  voted  for  wholly  within  such  county,  city  and  county  or 
other  political  subdivision  in  which  such  primary  election  was 
held. 

The  Secretary  of  State  shall,  not  later  than  the  twenty-fifth  Secretary 
day  after  any  primary  election,  compile  the  returns  for  all  compile 
candidates  voted  for  in   more  than  one  county,  and  for  all  returns, 
candidates  for  the  Assembly,  State  Senate,  Representatives  in 
Congress  and  judicial  officers,  except  Justices  of  the  Peace,  and 
shall  make  out  and  file  in  his  office  a  statement  thereof. 

Sec'.  24.  The  person  receivhig  the  highest  number  [of  ^^^eeman™" 
votes]  at  a  primary  election  as  the  candidate  for  the  nomina- 
tion, of  a  political  party  for  an  office  shall  be  the  candidate  of 
the  party  for  such  office,  and  his  name  as  such  candidate  shall 
l)e  i)laced  on  the  official  ballot  voted  at  the  ensuing  election, 
and  the  elector  receiving  the  highest  number  of  votes  of  his 
party  in  his  precinct  for  County  Committeeman  shall  be  the 
County  Committeeman  of  his  party  for  the  ensuing  two  years. 

It  shall  be  the  duty  of  the  officers  charged  with  the  canvass  certificates 
of  the  returns  of  any  primary  election  in  any  county,  city  and  fJa^fon! 
county,  or  municipality  to  cause  to  be  issued  official  certifi- 
cates of  nomination  to  such  party  candidates  as  have  received 
the  highest  number  of  votes  as  the  candidate  for  the  nomina- 
tion of  such  party  for  any  ^offices  to  be  voted  for  wholly  within 
such  county,  city  and  county,  or  municipality;  and  cause  to 
l)e  issued  to  such  County  Committeeman  a  certificate  of  his 
election. 

It  shall  be  the  duty  of  the  Secretary  of  State  to  issue  official  same, 
certificates  of  nomination  to  candidates  nominated  under  pro- 
visions of  this  Act  for  Representatives  in  Congress  and  officers 
voted  for  in  more  than  one  county. 

It  shall  also  be  the  duty  of  the  Secretary  of  State  to  com-  Returns  for 
pile  the  returns  for  United  States  Senator  in  Congress,  if  any,  states 
and  prepare  a  statement  thereof.     A  duplicate  of  such  state-  senator, 
ment  in  so  far  as  it  shall  be  applicable  to  such  party  shall  be 
transmitted  to  the  State  Chairman  of  each  political  party. 
And  it  shall  be  the  duty  of  the  Secretary  of  State  to  transmit 
duplicates  of  such  statements  to  the  Speaker  of  the  Assembly 
and  to  the  President  of  the  Senate  on  the  first  day  of  the  next 
ensuing  session  of  the  Legislature,  together  with  his  official 
certificates  of  nomination  for  the  candidates  for  United  States 
Senator  in  Congress,  who  received  the  highest  number  of  votes 
cast  by  their  respective  party  at  the  primary  election. 

Sec.  25.     The  County  Committee  of  any  party  shall  con-  County 
sist   of   one    member    from    each    voting    precinct    in    such  hSw™'fmed. 
county,  or  city  and  county,  elected  at  the  last  preceding  pri- 
mary election  as  provided  in  subdivision  8  of  Section  12  of 
this  Act,  to  hold  office  for  the  term  of  two  years  and  until  their 
successors  are  elected.     The  County  Committeemen  so  elected 


32 


PRIMARY   ELECTIONS. 


Aissembly 

District 

Committee. 


State 

iSenatorial 

Committee. 


Congres- 
sional 
District 
Committee. 


State  Central 
Committee. 


Platforms, 
how  framed 
and  when 
promul- 
gated. 


State  Central 
Committee. 


iiiiist  meet  at  the  court  house  at  the  eountj'-seat  on  the  second 
Tuesdaj^  after  such  primary  election  at  the  hour  of  2  p.  m. 
and  then  shall  organize  by  the  election  of  a  chairman  and  sec- 
retary and  may  then  and  not  thereafter  select  from  among 
their  meml^ers  an  executive  committee. 

p]ach  party  candidate  nominated  for  the  State  Assembly 
may,  not  later  than  Tuesday,  two  weeks  after  the  primary  elec- 
tion, appoint  an  Assembly  District  Committee,  which  commit- 
tee shall  consist  of  not  less  than  one  member  from  each  voting 
precinct  in  such  Asseml^ly  District.  Such  committee,  if  any, 
shall  serve  for  the  term  of  two  years. 

Each  party  candidate  nominated  for  the  State  Senate  ma3% 
not  later  than  Tuesday  two  weeks  after  the  primary  election, 
appoint  a  State  Senatorial  Committee,  which  committee  shall 
consist  of  not  less  than  seven  members  in  such  State  Senatorial 
District.  Such  committee,  if  anj^  shall  serve  for  a  term  of 
four  years. 

Each  party  candidate  nominated  for  Representative  in  Con- 
gress may,  not  later  than  Tuesday  three  weeks  after  the  pri- 
mary election,  appoint  a  Congressional  District  Committee, 
which  committee  shall  consist  of  not  less  than  one  nor  more 
than  three  meml:)ers  from  each  county  in  such  Congressional 
District.  Such  committee,  if  miy,  shall  serve  for  the  term  of 
two  years. 

State  Central  Committees  shall  be  selected  as  hereinafter 
provided.  Each  such  committee  may  select  an  executive  com- 
mittee and  shall  choose  its  officers  by  ballot  and  each  commit- 
tee and  its  officers  shall  have  the  powers  usually  exercised  l)y 
such  committees  and  the  officers  thereof  in  so  far  as  may  be 
consistent  with  this  Act.  The  various  officers  and  committees 
now  in  existence  shall  exercise  the  powers  and  perform  the 
duties  herein  prescribed  until  their  successors  are  chosen  in 
accordance  with  the  provisions  of  this  Act. 

Sec\  26.  In  the  years  when  a  Governor  and  other  State 
officers  are  to  be  elected  the  candidates  for  State  officers  and 
for  Senate  and  Assembly  nominated  by  each  political  party 
at  such  primary  election  and  State  Senators  of  such  political 
party  whose  term  of  office  extends  beyond  the  first  Monday 
in  January  of  the  j^ear  next  ensuing  shall  meet  at  the  State 
Capital  at  2  o'clock  in  the  afternoon  of  the  fourth  Tuesday  of 
September  after  the  date  on  which  any  primary  election  is  held 
preliminary  to  such  general  State  election.  They  shall  forth- 
with formulate  the  State  platforms  of  their  party,  which  said 
State  platform  of  each  political  party  shall  be  framed  nt  such 
time  that  it  shall  l)e  made  public  iK^t  later  than  6  o'clock  in 
the  afternoon  of  the  following  Thursday. 

It  shall  also  proceed  t(^  elect  a  State  Central  Committee,  to 
consist  of  at  least  three  members  from  each  county,  who  shall 
hold  office  until  a  new  State  Central  Committee  shall  have  been 
selected.  In  years  when  a  State  Convention  assembles  to  select 
delegates  to  a  National  Convention,  to  nominate  a  candidate 


PRIMARY   ELECTIONS.  33 

for  President  and  for  Vice-President  of  the  United  States,  such 
State  Convention  shall  have  the  power  to  formulate  their  party 
platform  and  to  select  such  new  State  Central  Committee, 
which  shall  consist  of  at  least  one  member  from  each  county, 
which  committee  shall  hold  and  exercise  its  power  until  the 
candidates  for  State  offices  and  for  Senate  and  Assembly  to  be 
voted  for  at  the  next  ensuing  State  election  shall  assemble  and 
select  their  successors.  Such  State  Central  Committee  shall 
meet  and  organize  at  a  time  and  place  to  be  designated  by  the 
body  selecting  such  State  Central  Committee,  and  such  corti- 
mittee  may  then  and  thereafter  select  an  executive  committee. 

Sec.  27.  Vacancies  occurring  after  the  holding  of  any  pri-  vacancies, 
mary  election  shall  l)e  filled  hy  the  party  committee  of  the  city,  ^^^  ^"®^' 
county,  city  and  county,  district  or  State,  as  the  case  may  be. 

Sec.  28.  In  the  case  of  a  tie  vote,  if  for  an  office  to  be  voted  Tie  votes, 
for  wholly  within  one  county,  or  city  and  county,  the  county,  ^"^  ^^ecided. 
city  and  county,  and  City  Board,  as  the  case  may  be,  shall  forth- 
with sunnnons  the  candidates  who  have  received  such  tie  votes 
to  appear  l)efore  such  board,  and  such  board  in  the  presence 
of  such  candidates  shall  determine  the  tie  by  lot.  In  the  case 
of  a  tie  vote  for  an  office  to  be  voted  for  in  more  than  one 
county,  such  tie  shall  l)e  determined  by  lot  by  the  Secretary  of 
State  in  the  presence  of  the  candidates. 

Sec.  29.  Whenever  it  shall  be  made  to  appear  by  affidavit  Errors  or 
to  any  Justice  of  the  Supreme  Court  or  Judge  of  the  District  SS'w ''°°^' 
Court  of  the  proper  c(^unty  that  an  error  or  omission  has  corrected, 
occurred  or  is  about  to  occur  in  the  placing  of  any  name  on  an 
official  primary  election  ballot,  that  any  error  has  been  or  is 
about  to  be  ctmimitted  in  printing  such  a  ballot,  or  that  any 
wrongful  act  has  been  or  is  about  to  be  done  by  any  Judge  or 
Clerk  of  a  primary  election.  County  Clerk,  registrar  of  voters 
in  any  city  or  county,  canvassing  board  or  any  member  thereof, 
or  other  person  charged  witli  any  duty  concerning  the  primary 
election ,  or  that  any  neglect  of  (luty  has  occui-red  or  is  about  to 
occur,  such  Justice  of  the  Supreme  Court  or  Judge  of  the  Dis- 
trict Court  shall  order  the  officer  or  person  charged  with  such 
error,  wrong  or  neglect,  to  forthwith  correct  the  error,  desist 
from  the  Avrongful  act  or  perform  the  duty  or  forthwith  show 
cause  why  he  should  not  do  so.  Any  person  who  shall  fail  to 
obey  the  order  of  such  Justice  of  the  Supreme  Court  or  Judge 
of  the  District  Court  shall  be  cited  forthwith  to  show  cause 
why  he  shall  not  be  adjudged  in  contempt  of  court. 

Sec.  30.  Any  candidate  at  a  primary  election  desiring  to  contest, 
contest  the  nomination  of  another  candidate  for  the  same  Fon^^  ^^^ 
office  may  proceed  by  affidavit  within  five  days  after  the  com- 
pletion of  the  canvass  as  provided  in  Section  29  of  this  Act. 
And  the  contestee  shall  be  required  by  the  order  of  such  Jus- 
tice of  the  Supreme  Court  or  Judge  of  the  District  Court  to 
appear  and  abide  the  further  order  of  the  court. 

Sec.  31.     Any  person  who,  being  in  possession  of  any  nomi-  Penalties  for 
nation  paper  or  papers  and  affidavits  entitled  to  be  filed  under  me^pape?s. 


34 


GENERAL   ELECTION. 


General  law 
to  govern, 
when. 


Duties  of 
Secretary  of 
State  and 
Attorney- 
General. 


Repeal. 
In  effect. 


the  provisions  of  this  Act,  shall  wrongfully  either  suppress, 
neglect  or  fail  to  cause  the  same  to  ])e  filed  at  the  proper  time 
and  in  the  proper  place  shall  be  guilty  of  a  misdemeanor,  and 
upon  trial  and  conviction  thereof  shall  be  punished  by  a  fine 
of  not  less  than  one  hundred  dollars  nor  more  than  five  hun- 
dred dollars,  or  by  imprisonment  in  the  county  jail  for  not 
less  than  thirty  days  nor  more  than  six  months,  or  by  both 
such  fine  and  imprisonment. 

Anj^  act  or  omission  declared  to  be  an  oft'ense  by  the  general 
laws  of  this  State  concerning  primaries  and  elections  shall 
also  in  like  case  be  an  offense  concerning  primary  elections  as 
provided  for  by  this  Act,  and  shall  be  punished  in  the  same 
manner  and  form  as  therein  provided,  and  all  penalties  and 
provisions  of  the  law  governing  elections,  except  as  herein 
otherwise  pro^sdded,  shall  apply  in  equal  force  to  primary 
elections  as  provided  for  by  this  Act. 

Sec.  32.  It  shall  be  the  dut}^  of  the  Secretary  of  State  and 
the  Attorney-General  to  prepare  on  or  before  August  1,  1909, 
all  forms  necessary  to  carry  out  the  provisions  of  this  Act, 
which  forms  shall  be  substantially  followed  in  all  primary 
elections  held  in  pursuance  hereof. 

Sec.  33.  All  Acts  or  parts  of  Acts  inconsistent  with  or  in 
conflict  with  the  provisions  of  this  Act  are  hereby  repealed. 

Sec.  34.  This  Act  shall  take  effect  and  be  in  force  from 
and  after  July  1,  1909. 


GENERAL  ELECTION. 


General 
elections, 
when  held. 


Duties  of 
County  Com- 
missioners. 


Precinct 
established, 
how  and 
when. 


An  Act  relating  to  elections. 

Approved  March  12,  1873. 

Section  1 .  A  general  election  shall  be  held  in  the  several 
election  precincts  in  this  State,  on  the  Tuesday  next  after  the 
first  Monday  of  November,  one  thousand  eight  hundred  and 
seventy-four,  and  every  two  years  thereafter,  at  w^hich  there 
shall  be  chosen  all  such  officers  as  are  by  law  to  be  elected  in 
such  year,  unless  otherwise  provided  for. 

Sec.  2.  It  shall  be  the  duty  of  the  Boards  of  County  Com- 
missioners to  establish  election  precincts  and  define  the  bound- 
aries thereof,  and  to  alter,  consolidate  and  abolish  the  same  as 
public  convenience  or  necessity  may  require;  pi^ovided,  First — 
That  no  new  precinct  shall  be  established  except  upon  the 
petition  of  ten  or  more  qualified  electors,  permanently  resid- 
ing in  the  district  sought  to  be  established,  showing  that  they 
reside  more  than  ten  miles  from  any  polling  place  in  said 
county,  unless  it  shall  appear  to  the  satisfaction  of  said  board 
that  not  less  than  fifty  qualified  electors  reside  in  said  precinct, 
in  which  event  said  precinct  may  be  established  without  regard 
to  the  distance  which  said  electors  reside  from  another  polling 
place  or  precinct.     Second — That  no  election  shall  be  held  in 


GENERAL  ELECTION.  35 

any  precinct  in  which  there  shall  not  be  at  least  ten  qualified 
electors,  permanently  residing  therein  at  the  time  notice  of 
holding  an  election  therein  shall  be  given.  Third — All  quali- 
fied electors  residing  in  any  election  precinct  in  which  there 
are  less  than  ten  qualified  electors  permanently  residing 
at  the  time  notice  of  holding  elections  are  given,  shall  be 
entitled  to  register  and  vote  in  the  election  precinct  having 
a  polling  place  nearest  their  residence,  by  the  usual  trav- 
eled route.  Fourth — That  no  election  precinct  shall  be  estab-  Number  of 
lished  or  election  held  at  anj^  place  in  any  precinct  within  ^reclnj? 
one  mile  of  another  voting  place  in  the  same  county, 
unless  there  shall  have  been  polled,  at  said  voting  place, 
at  the  next  preceding  general  election  not  less  than  fifty, 
votes.*  It  shall  also  be  the  duty  of  said  Boards  of  Com- Duties  of 
missioners,  at  their  first  regular  meeting  in  October  preceding  SSne^rs"^' 
each  general  election  (and  fifteen  days  preceding  each  special 
election),  to  appoint  three  capable  and  discreet  persons,  pos- 
sessing the  qualifications  of  electors  (who  shall  not  all  be  of 
the  same  political  party),  to  act  as  Inspectors  of  Election  at 
each  election  precinct ;  and  the  Clerk  of  said  board  shall  forth- 
with make  and  deliver  to  said  Inspectors  personally,  notice 
thereof  in  writing,  or  deposit  the  same  in  the  postoffice,  regis- 
tered, and  postage  prepaid,  directed  to  the  Registry  Agent  of 
the  precinct  for  which  each  of  said  Inspectors  is  appointed, 
and  it  shall  be  the  duty  of  said  Registry  Agents,  within  ten 
days  after  the  receipt  thereof,  to  serve  the  same  upon  each  of 
said  Inspectors  of  Election.  As  amended,  Stats.  1875,  p.  59 ; 
1885,  p.  21. 

Se(;.  3.     It  shall  be  the  duty  of  the  Board  of  Countv  Com-  sheriff  to  be 
missioners  to  cause  their  Clerks  to  furnish  the  Sheriff  with  pTbooiS"*' 
poll  books  and  all  other  supplies  required  to  be  provided  by  ^^^  other 
said  board  for  the  Inspectors  and  Clerks  of  Election,  and  the  ^^'^'^^^^• 
Clerk  shall  at  the  same  time  deliver  to  the  Sheriff  the  ballot 
})Oxes  and  keys,  the  official  ballots,  the  sample  ballots  and  the 
printed  instructions  which  he  is  required  to  give  for  the  guid- 
ance of  voters  for  obtaining  and  marking  their  ballots,  and  the 
Sheriff  shall   deliver  said  poll   books,  supplies,  })allot  boxes  Sheriff  to 
and  keys,  and  said  official  ballots,  sample  ballots  and  printed  ?nsS;or. 
instructions  altogether  to  one  of  the  Inspectors  of  every  elec- 
tion precinct  in  the  county,  at  least  one  day  before  the  time  of 
holding  any  election.     As  amended,  Stats.  1899,  p.  107. 

Sec.  4.     The  several  Boards  of  County  Commissioners  shall  ^^y" 
cause  their  Clerks  at  least  twenty  (20)  days  before  any  general  Cointy 
election  and  at  least  fifteen  (15)  days  before  any  special  elec-  detfveVt^o^" 
tion,  to  make  out,  and  send  by  mail  to  the  respective  Registry  J^^'^^^'y 
Agents  of  their  county,  three  (3)  written  or  printed  notices  for  noticelof 
the  election,  to  be,  as  nearly  as  circumstances  will  admit,  as  ^^^^^^ion. 
follows : 

Notice  is  hereby  given  that  on  the  first  Tuesday,  the 

*See  Act  of  March  6,  1889,  limiting  the  number  of  votes  in  each  precinct.— 
Itats.  1889,  p.  73. 


36  GENERAL   ELECTION. 

Form  of         day  of iiext,  at  the  house  of 

(in  city,  town,  district  or  precinct)  of ,  in  the 

County  of ,  an  election  will  be  held  for  State, 

county,  district,  town  or  township  officers  (naming  the  offices 
to  be  filled,  as  the  case  may  be) ,  which  election  shall  be  opened 
not  later  than  8  o'clock  a.m.,  and  shall  continue  until  6  o'clock 

p.  m.  of  the  same  day.     Dated  this day  of , 

A.  D 

(Signed)  A.  B., 

Clerk  of  the  Board  of  County  Commissioners. 

Sec.  5.     The    respective   Registry  Agents,  to  whom  such 

Notice  to  be  notice  shall  be  delivered,  shall  put  up  in  three  of  the  most 

fifteen  days    Public  places  of  each  precinct  the  notices  referring  to  such 

eStionVa     P^^^i^^^^^s  at  least  fifteen  days  pre\'ious  to  the  time  of  holding 

any  general  election,  and  at  least  eight  days  previous  to  the 

Special  time  of  holding  any  special  election ;  one  of  said  notices  to  be 

eight  da^ys.     posted  at  the  house  where  the  election  is  authorized  to  be  held, 

and  the  others  at  two  of  the  most  pul)lic  and  suitable  places 

in  the  precinct. 

Sec.  6.     If  in  any  precinct  any  of  such  Inspectors  are  unwill- 
nlspectora  of  ^^^^  ^^  scrvc  as  Inspectors  they  shall  notify  the  Board  of  County 
Election.        Commissioners  thereof,  within  five  days  after  the  receipt  of  the 
notice  of  their  appointment,  w^ho  shall  immediately  appoint 
some  suitable  person  to  fill  the  vacancy  and  to  serve  at  such 
election.     A  failure  to  notify  the  Board  of  County  Commis- 
sioners of  an  unwillingness  to  serve  as  Inspector,  as  herein 
Penalty  for    provided,  shall  subject  the  person  to  a  penalty  of  not  less  than 
negec.         ^^^  ^^^.  more  than  one  hundred  dollars,  to  be  sued  for  and 
recovered  by  said  Board  of  County  Commissioners,  for  the  use 
of  the  county,  before  any  Justice  of  the  Peace  of  such  county. 
If,  through  any  accident,  sickness  or  inability  on  the  day  of 
election,  of  such  Inspectors,  or  any  one  thereof,  to  serve,  the 
Inspector  or  Inspectors  present  on  the  morning  of  the  election 
may  appoint  some  suitable  person  to  fill  the  vacancy. 

Sec.  7.  The  said  Inspectors  shall  choose  two  persons  hav- 
Dutiesof  ^  ing  similar  qualifications  with  themselves  to  act  as  Clerks  of 
Election/  tlic  election.  The  said  Inspectors  shall  be  and  continue 
Inspectors  of  all  elections  of  civil  officers  to  be  held  at  their 
respective  precincts,  until  other  Inspectors  shall  be  appointed 
as  hereinbefore  directed;  and  the  said  Clerks  of  Election  may 
continue  to  act  as  such  during  the  pleasure  of  the  Inspectors 
of  Election. 

Sec.  8.  Previous  to  votes  being  taken,  the  Inspectors  and 
^ffi^*^°°t  Clerks  of  Election  shall,  severally,  take  the  prescribed  official 
be  sworn.  oath,  and,  in  addition  thereto,  an  oath  or  affirmation  in  the 
following  form  to  wit :  "  I,  A.  B. ,  do  solemnly  swear  (or  affirm, 
as  the  case  may  be)  that  I  will  perform  the  duties  of  Inspector 
(or  Clerk,  as  the  case  may  l)e)  of  the  election  to  be  held  this 
day,  according  to  law  and  the  best  of  mj^  ability,  and  that  I 
will  studiously  endeavor  to  prevent  fraud,  deceit,  and  abuse  in 


GENERAL   ELECTION.  37 

any  manner,  in  conducting  the  same.     So  help  me  God  (or  if 
an  affirmation  mider  the  pains  and  penalties  of  perjury)." 

Sec.  9.  In  case  there  shall  be  no  Judge  or  Justice  of  the  who  may 
Peace  present  at  the  opening  of  the  election,  or  in  case  such  oath^°^^  ^^ 
Judge  or  Justice  shall  be  appointed  Inspector  or  Clerk  of  the 
election,  they  are  hereby  empowered  to  administer  the  oath  or 
affirmation  to  each  other,  and  to  the  Clerks  of  the  election, 
and  the  person  administering  the  oath  or  affirmation  shall 
cause  an  entry  thereof  to  be  made  and  subscribed  by  him  in 
the  poll  ])ooks. 

Sec.  10.  At  all  elections  to  be  held  under  this  Act,  the  opening  and 
polls  shall  be  open  at  the  hour  of  eight  o'clock  in  the  fore-  ^^^'^°^  p°"'- 
noon,  and  continue  open  until  six  o'clock*  in  the  afternoon 
of  the  same  day,  at  which  time  the  polls  shall  be  closed,  and 
upon  opening  the  polls,  one  of  the  Clerks,  under  the  direction 
of  the  Inspectors,  shall  make  proclamation  of  the  same,  and 
thirty  minutes  l^efore  closing  of  the  polls,  proclamation  shall 
be  made  in  like  manner  that  the  polls  will  be  closed  in  half 
an  hour;  but  the  board  may,  in  their  discretion,  adjourn  the 
polls  for  one  hour  at  any  time  they  may  think  proper  during 
the  day,  before  four  o'clock  in  the  afternoon,  proclamation  of 
the  same  being  made. 

Sec.  11.     There  shall  be  provided  and  kept  bj^  the  County  Baiiot  boxes 
Commissioners  of  each  county,  at  the  expense  of  the  county,  ^'^i^^^^^®*^- 
a  suitable  ballot  box,  with  a  lock  and  key,  and  furnish  the 
same  to  the  Inspectors  of  each  election  precinct  or  district 
within  their  county. 

Sec.  12.  There  shall  be  an  opening  through  the  lid  of  each  Baiiot  boxes 
box  of  no  larger  size  than  shall  be  sufficient  to  admit  a  single  examined, 
folded  ballot.  Before  opening  the  polls,  the  ballot  box  shall 
be  carefully  examined  by  the  Inspectors  of  Election,  that  noth- 
ing may  remain  therein ;  it  shall  then  be  locked  and  the  key 
thereof  delivered  to  one  of  the  Inspectors,  to  be  designated  by 
the  majority  thereof,  and  shall  not  be  opened  during  the  elec- 
tion, except  in  the  manner  and  for  the  purposes  hereinafter 
mentioned. 

Sec.  13.     Every  elector  shall,  in  full  view,  deliver  to  one  of  see  Sees.  19 
the  Insi)ectors  of  the  Election  a  single  ballot  or  piece  of  paper,  inclusive, 
on  which  shall  be  written  or  printed  the  names  of  the  persons  eSSiaw 
voted  for,  with  a  pertinent  designation  of  the  offices  to  which 
each  person  so  named  is  intended  by  him  to  be  chosen .     Said 
ballot  may  be  opened  or  folded,  as  the  voter  may  choose,  and 
the  said  ballot  shall,  in  color,  size,  form  and  texture,  conform 
to  the  requirements  set  forth  in  the  proclamation  of  the  County 
Commissioners  of  each  county;   and,  further,  that  said  ballot 
or  ticket  shall  be  free  from  marks,  characters  or  device  or 
thing  that  would  enable  any  person  to  distinguish  by  the  back, 
or  when  folded,  from  any  other  legal  ticket  or  ballot. 

*See  Act  of  March  6,  1889,  post. 


38 


GENERAL   ELECTION. 


Obsolete. 


Duties  of 
oflScers  of 
election. 


See  Sec.  20, 
Australian 
Ballot  law. 


Sec.  14.  It  shall  be  the  duty  of  the  Board  of  County  Com- 
missioners, at  the  time  of  issuing  their  election  proclamation, 
as  provided  in  section  four  of  this  Act,  which  shall  be  a  part 
of  the  said  proclamation,  to  designate  fully  the  color,  size, 
form  and  texture  of  all  ballots  to  be  used  at  the  ensuing  elec- 
tion. Said  ballot  shall  be  of  sufficient  width  to  allow  names 
to  be  written  thereon.  It  shall  be  the  duty  of  the  Inspectors 
of  Election,  at  each  poll,  at  every  election,  to  have  before 
them  a  certified  copy  of  the  register  of  voters  of  the  j)recinct 
or  district  for  which  they  are  the  Inspectors  provided  by  law; 
and  the  Inspector  to  whom  any  ticket  may  be  delivered  shall, 
upon  receipt  thereof,  pronounce  with  an  audible  voice  the 
name  of  the  person  offering  to  vote,  and  another  one  of  the 
Inspectors  shall  examine  the  certified  copy  of  the  register, 
and  if  the  name  of  the  person  is  found  thereon,  his  ticket 
shall  immediately  be  put  in  the  ballot  box  without  being 
inspected,  if  it  be  a  folded  ballot.  The  name  of  the  elector 
shall  then  be  checked  on  the  certified  copy  of  the  register,  and 
the  Clerks  of  Election  shall  enter  his  name  and  number  in  the 
poll  book.  No  person  shall  be  permitted  to  vote  whose  name 
is  not  on  the  register,  and  who  shall  refuse  to  comply  with  the 
requirements  of  section  thirteen  of  this  Act.  Said  register 
shall  be  to  said  Inspectors  of  Election  conclusive  evidence  of 
the  right  of  the  person  to  vote  whose  name  appears  upon  the 
same;  %wovided,  that  said  Inspectors  of  Election  may  require 
any  person  to  give  true  answers  under  oath  or  affirmation  to 
all  such  questions  as  they  may  desire  to  ask  touching  the  iden- 
tity of  the  person  with  the  name  in  or  under  which  he  may 
wish  to  vote;  provided,  that  in  all  cases  said  ballots  shall  be 
printed  on  a  good  quality  of  white  book  paper. 

See  Act  of  March  13,  1891.  Sections  13,  14,  18,  19,  20  and  21  of  this  Act,  in 
so  far  as  they  relate  to  the  form  of  ballot  and  manner  of  preparing  and  cast- 
ing ballot,  are  superseded  by  the  Act  of  March  13, 1891,  post. 

Sec.  15.  At  each  adjournment  of  the  polls,  the  Clerks  shall, 
in  the  presence  of  the  Inspectors,  compare  their  respective  poll 
lists,  compute  and  set  down  the  number  of  votes,  and  correct 
all  mistakes  that  may  be  discovered,  according  to  the  decision 
of  a  majority  of  the  Inspectors,  until  such  poll  lists  shall  be 
made  in  all  respects  to  correspond. 

Sec.  16.  The  ballot  box  shall  then  be  opened  and  the  poll 
Eispectorsof  ^>o^ks  placed  therein;  and  such  box  shall  then  be  locked,  and 
Election.  a  Covering,  which  shall  be  indorsed  by  one  of  the  Inspectors, 
sealed  or  pasted  over  the  opening  in  the  lid  of  the  said  box  so 
as  to  entirely  cover  the  same,  and  the  key  delivered  to  another 
of  the  Inspectors,  and  the  box  to  a  third,  to  be  designated  by 
a  majority  of  the  Inspectors. 

Sec.  17.  The  Inspector  having  the  key  shall  keep  it  in  his 
own  possession,  and  deliver  it  again  to  the  Board  of  Inspectors 
at  the  next  opening  of  the  polls,  and  the  Inspector  having  the 
care  of  the  box  shall  carefully  keep  it,  without  opening  it  or 
suffering  it  to  be  opened,  or  the  seal  thereof  to  be  broken  or 


Obsolete. 


Duties  of 
Clerks  of 
Election. 


Ballot  box 
and  kej', 
how  kept. 


GENERAL   ELECTION.  39 

removed,  and  shall  publicly,  in  that  condition,  deliver  it  to  the 
Board  of  Inspectors  at  the  next  opening  of  the  polls,  when  the 
seal  shall  be  broken  and  the  box  opened,  the  poll  books  taken 
out,  and  the  box  again  locked. 

Sec.  18.     No  ticket  or  ballot  shall  on  the  day  of  election  See  Sees.  20 
be  given  or  delivered  to,  or  received  by,  any  person  except  Australian 
the  Inspector,  or  a  Judge  acting  as  Inspector,  nor  fold  any^a^otiaw. 
ticket  or  unfold  any  ballot  which  he  intends  to  use  in  voting, 
or  exhibit  to  another  in  any  manner  by  which  the  contents 
thereof  may  be  known,  or  request  another  person  to  exhibit 
or  disclose  the  contents  of  any  ticket  or  ballot,  within  one 
hundred  feet  of  the  polling  place;  provided,  that  in  case  any 
elector  voting  an  open  ticket,  the  Inspector,  or  Judge  acting 
as  Inspector,  may  fold  the  same  before  placing  it  in  the  bal- 
lot box. 

Sec.  19.  If  the  names  of  more  persons  are  designated  on  SeeSec.  26, 
any  ballot  found  in  the  ballot  box,  for  the  same  office,  than  Banoffa^w. 
are  to  be  chosen  for  such  office,  then,  except  in  the  cases  pro- 
vided for  in  the  next  section,' all  the  names  designated  for  such 
office  must  })e  rejected;  and  the  fact  of  such  rejection,  and  the 
reason  therefor  must,  at  the  time  for  such  rejection,  be  dis- 
posed of  as  provided  in  section  twenty-six  of  this  Act. 

Sec.  20.  When,  upon  a  ballot  being  found  in  any  ballot 
box,  a  printed  name  and  a  name  written  with  ink  or  with  pen- 
cil appear,  and  there  are  not  so  many  persons  to  be  chosen  for 
the  office,  the  printed  name  opposite  the  written  name  must 
be  rejected  and  the  written  one  counted;  or  when,  upon  a 
ballot  found  in  any  ballot  box,  a  name  has  been  erased,  and 
another  substituted  therefor,  in  any  other  manner  than  by  the 
use  of  a  lead  pencil  or  common  writing  ink,  the  substituted 
name  must  be  rejected,  and  the  name  erased,  if  it  can  be  ascer- 
tained from  an  inspection  of  the  ballot,  must  be  counted,  and 
the  fact  thereof  noted,  and  the  said  ballots  disposed  of  as  pro- 
vided in  section  twenty-six  of  this  Act. 

See  Act  of  March  13, 1891,  post.  Sections  18, 19,  and  20  superseded  by  Act 
of  March  13,  1891. 

Sec.  21.    Whenever  a  question  arises  in  the  board  as  to  the  Legality  of 
legality  of  a  ballot,  or  any  part  thereof,  and  the  board  decide  ^^"^*- 
in  favor  of  the  legality,  such  action  shall  be  taken  as  in  case 
of  a  rejected  ballot. 

Sec.  22.     Every  person  who  makes,  offers  or  accepts  any  Prohibitions 
bet  or  wager  upon  the  result  of  any  election,  or  upon  the  sue-  penalty 
cess  or  failure  of  any  person  or  candidate,  or  upon  the  number 
of  votes  to  be  cast,  either  in  the  aggregate  or  for  any  partic- 
ular candidate,  or  upon  the  vote  to  be  cast  by  any  person,  is 
guilty  of  a  misdemeanor. 

Sec  23.     It  shall  be  the  duty  of  the  Board  of  County  Com-  county  com- 
missioners of  the  several  counties  of  the  State  at  their  regular  to' determine 
meeting  in  October  preceding  any  general  election  (and  fifteen  ^elSy^  "^ 
days  preceding  each  special  election)  to  determine  the  number  Sheriffs  to 
of  special  Deputy  Sheriffs  to  be  appointed  by  the  Sheriff  of  the  Ifectlon. 


k 


40 


GENERAL   ELECTION. 


Who  may 
challenge. 


Oath  of 
elector  on 
challenge. 


Vote 

canvassed. 

how. 


Vote 

canvassed, 

when. 


Ballot  box, 
how  purged. 


Duties  of 
Clerks  of 
Election. 


several  counties  to  serve  at  each  election  precinct,  for  the  pur- 
pose of  preserving  order  and  making  arrests,  to  be  paid  as 
other  fees.     As  amended,  March  I4.,  1901. 

Sec.  24.  A  person  offering  to  vote  may  be  orally  challenged 
by  any  elector  of  the  precinct,  upon  the  ground  that  he  is  not 
the  person  entitled  to  vote  as  claimed,  or  has  voted  before  on 
the  same  day,  in  which  case  the  Inspector  or  one  of  the 
Judges  shall  tender  him  the  following  oath:  "You  do  swear 
(or  affirm)  that  you  are  the  person  whose  name  is  entered 
upon  the  registry  list  of  this  precinct."  In  case  such  per- 
son refuse  to  take  the  oath  so  tendered,  he  shall  not  be 
allowed  to  vote,  and  the  Clerks  of  the  election  shall  write  the 
word  "Challenged"  opposite  the  name  of  each  person  challenged 
upon  the  registry. 

Sec.  25.  -  As  soon  as  the  polls  of  the  election  shall  be  finally 
closed  the  Inspectors  shall  immediately  proceed  to  canvass  the 
vote  given  at  such  election;  and  the  canvass  shall  be  public 
and  continue  without  adjournment  until  completed.* 

Sec.  26.  The  canvass  shall  commence  by  a  comparison  of 
the  poll  lists  from  the  commencement,  and  a  correction  of  any 
mistake  that  may  be  found  therein,  until  they  shall  be  found 
to  agree.  The  box  shall  then  be  opened  and  the  ballots  con- 
tained therein  taken  out  and  counted  by  the  Inspectors,  and 
opened  so  far  as  to  ascertain  whether  each  ballot  is  single ;  and 
if  two  or  more  Ijallots  shall  be  found  so  folded  together  as  to 
present  the  appearance  of  a  single  ballot,  they  shall  be  laid 
aside  until  the  count  of  the  ballots  is  completed ;  and  if,  on 
comparison  of  the  count  with  the  poll  lists  and  the  appearance 
of  such  ballots,  a  majority  of  the  Inspectors  shall  be  of  the 
opinion  that  the  ballots  thus  folded  together  were  voted  by  one 
elector,  they  shall  be  rejected,  and  carefully  sealed  up  in  an 
envelope,  upon  which  shall  be  written  the  reason  of  their 
rejection,  and  shall  be  signed  by  the  Inspectors;  and  placed 
back  in  the  ballot  box,  to  be  retained  with  the  other  l)allots, 
as  provided  in  section  twenty-nine  of  this  Act. 

Sec.  27.  If  the  ballots  in  the  box  shall  be  found  to  exceed 
in  number  the  whole  number  of  votes  on  the  poll  lists,  they 
shall  be  replaced  in  the  box,  after  being  purged  as  above,  and 
one  of  the  Inspectors,  with  his  back  turned  to  the  box,  shall 
publicly  draw  out  and  destroy  therefrom  so  many  ballots, 
unopened,  as  shall  equal  the  excess. 

Sec.  28.  The  ballots  and  poll  lists  agreeing,  or  being  made 
to  agree,  the  board  shall  then  proceed  to  count  and  ascertain 
the  number  of  votes  cast,  and  for  whom  cast,  and  when  com- 
pleted the  Clerks  shall  set  down  in  their  poll  books  the  name 
of  every  person  voted  for,  written  at  full  length,  the  office  for 
which  such  person  received  such  votes,  and  the  number  he  did 
receive,  the  number  being  expressed  in  writing  at  full  length, 
and  also  in  figures;  such  entry  to  be  made,  as  nearly  as  the 
circumstances  will  admit,  in  the  following  form,  to  wit: 

*See  Act  approved  March  6,  1889,  post. 


GENERAL   ELECTION.  41 

At  an  election  held  at  the  house  of  A.  B.,  in  the  town  (or  Certificate 

precinct)  of ,  in  the  County  of ,  and  the  State  of  office?^°" 

Nevada,  on  the day  of ,  A.  D ,  the  following- 
named  persons  received  the  number  of  votes  annexed  to  their 
respective  names  for  the  following  described  offices,  to  wit: 

A.  B.  had votes  for  Member  of  Congress. 

C.  D.  had votes  for  State  Treasurer. 

E.  F.  had votes  for  State  Controller. 

G.  H.  had votes    for    State    Superintendent    of    Public 

Instruction . 

I.J.  had votes  for  member  of  the  State  Senate. 

K.  L.  had  votes  for  member  of  the  Assem])ly. 

(And  in  like  manner  for  any  other  person  voted  for.) 
Certified  by  us :  M .  N . , 

O.P., 
Q.R., 

Inspectors  of  Election. 

Attest:  A.  B., 

CD., 
Clerks  of  Election. 

Sec.  29.     The  Inspectors  shall  file  the  ballots  on  a  string.  Disposition 
inclose  and  seal  the  same,  together  with  one  of  the  tally  lists,  after"^*^    ' 
and  one  of  the  poll  books,  under  cover,  directed  to  the  Clerk  of  canvass, 
the  Board  of  County  Commissioners  of  the  county  in  which 
such  election  was  held,  or  such  other  officer  as  is  herein  pro- 
vided, indorsed   "Election    Returns";   jwovided,  that    if   said 
Clerk  of  the  Board  of  Commissioners,  as  County  Clerk,  or  any 
one  of  the  following-named  county  officers  was  voted  for  office 
at  the  last  election,  he  shall  not  be  the  custodian  of  such  elec- 
tion returns;  but  such  returns  shall  be  directed  and  delivered 
to  the  county  officer  who  was  not  a  candidate  and  voted  for  Disposition 
office  in  the  folloAving  order:    Second — The  County  Recorder,  "f  returns. 
Third — The  County  Treasurer.    Fourth — The  County  Assessor. 
Fifth — The  Chairman  of  the  Board  of  County  Commissioners. 
Sixth — One  of  the  County  Commissioners.     And  said  custo- 
dian shall  comply  with  the  provisions  of  section  thirtj^  of  this 
Act.     The  packet  thus  sealed  shall  be  conveyed  by  one  of  the 
Inspectors  or  Clerks  of  Election,  to  be  determined  by  lot,  if  See  Act  of 

«/  7        March  6  1889 

they  cannot  otherwise  agree,  or  by  some  other  person  to  be 

agreed  upon  by  the  Inspectors,  and  delivered  to  said  Clerk  of 

the  Board  of  County  Commissioners,  or  the  county  officer  as 

herein  provided,  at  his  office  within  ten  days  from  the  close  of 

the  polls.*     The  poll  book,  tally  list,  certified  copy  of  register, 

ballot  box  and  ballots  thus  enclosed  and  sealed  shall,  after  the  Disposition 

canvass  of  the  votes  by  the  Board  of  County  Commissioners,  ofbaiiotbox. 

be  deposited  in  the  office  of  the  Board  of  Commissioners,  and 

preserved  until  the  next  general  election .     The  other  poll  book 

and  tally  lists  shall  be  deposited  with  one  of  the  Inspectors  of 

Election,  to  be  determined  by  lot,  if  not  otherwise  determined, 

*See  Act  approved  March  6,  1889,  post. 


42  GENERAL   ELECTION. 

agreed  upon,  and  said  poll  book  and  tally  list,  together  with 
the  poll  book  and  tally  list  deposited  with  the  Board  of  County 
Duties  of  Commissioners,  shall  be  subject  to  the  inspection  of  any  elector, 
m^sSoners.'"  at  any  time  thereafter,  who  may  wish  to  examine  the  same; 
provided,  however,  that  the  ballots  so  deposited  with  the  Board 
of  County  Commissioners  shall  not  be  subject  to  the  inspection 
of  any  one,  except  in  cases  of  contested  elections,  and  then 
only  by  the  Judge,  body  or  board  before  whom  such  election 
is  being  contested.  As  amended,  Stats.  1879,  p.  117;  Stats. 
1889,  p.  67. 

Sec.  30.  On  the  tenth  day  (or  if  that  day  shall  fall  on 
County  Com-  Sunday,  then  on  the  Monday  following)  after  the  close  of  any 
to^canvass.  election,  or  sooner,  if  all  the  returns  be  received,  the  Board  of 
County  Commissioners  shall  proceed  to  open  said  returns  and 
make  abstracts  of  the  votes.  Such  abstract  of  votes  for  mem- 
ber or  members  of  Congress  shall  be  on  one  sheet;  the  abstract 
of  votes  for  members  of  the  Legislature  shall  be  on  one  sheet; 
and  the  abstract  of  the  votes  for  district  and  State  officers 
shall  be  on  one  sheet ;  and  the  abstract  of  votes  for  county  and 
township  offices  shall  be  on  one  sheet.  And  it  shall  be  the 
duty  of  the  Board  of  County  Commissioners  to  cause  a  certifi- 
cate of  election  to  be  made  out  by  the  respective  Clerks  of 
said  Board  of  County  Commissioners  to  each  of  the  persons 
having  the  highest  number  of  votes  for  members  of  the  Legis- 
lature, district,  county  and  township  offices,  respectively,  and 
to  deliver  such  certificate  to  the  person  entitled  to  it  on  his 
making  application  to  said  Clerk  at  his  office;  'provided,  that 
Tie.  when  a  tie  shall  exist  between  two  or  more  persons  for  the 

Senate  or  Assembly,  or  any  other  county,  district  or  township 
officer,  any  of  said  persons  shall  have  the  right  to  demand  of 
Recount.  the  Board  of  County  Commissioners  a  recount  of  all  the  ballots 
cast  for  them  for  the  office  for  which  they  were  candidates; 
and  provided,  further,  that  if  after  said  recount  has  been  had, 
the  vote  between  them  or  any  of  them  shall  still  remain  a  tie, 
the  Board  of  County  Commissioners  shall  order  their  Clerk  to 
xe^  give  notice  to  the  Sheriff  of  the  county,  who  shall  immediately 

when*^"'        advertise  another  election,  giving  at  least  ten  days'  notice. 
And  it  shall  be  the  duty  of  the  said  Clerk  of  said  Board  of 
County  Commissioners  of  said  county,  on  receipt  of  the  return 
of  any  general  or  special  election,  to  make  out  his  certificate 
of  election;    stating  therein  the  compensation  to  which  the 
Inspectors  and  Clerks  of  Election  may  be  entitled  by  law  for 
their  services,  and  lay  the  same  before  the  Board  of  Commis- 
sioners at  their  next  session;  and  the  said  board  shall  order 
the  compensation  aforesaid,  if  correct,  to  be  paid  out  of  the 
county  treasury.     As  amended,  February  23,  1889,  p.  J/.2. 
Sec.  31.    The  Board  of  County  Commissioners,  after  mak- 
Dutyof         ing  the  abstract  of  votes,  as  provided  in  section  thirty,  shall 
m^sSoners™  cause  their  Clerk,   by  an  order,   made  and  entered  in  the 
minutes  of  their  proceedings,  to  make  a  copy  of  said  abstract, 


GENERAL   ELECTION.  43 

and  forthwith  transmit  the  same  to  the  Secretary  of  State  at 
the  seat  of  government.  If  the  Board  of  County  Commis- 
sioners should  neglect  or  refuse  to  make  the  order,  as  required 
by  this  Act,  they,  and  each  of  them,  shall  be  guilty  of  a  mis- 
demeanor in  office,  and  shall  on  conviction  thereof,  be  liable 
to  a  fine  of  not  less  than  one  hundred  dollars,  or  more  than  Penalty  for 
five  hundred  dollars,  each,  and  imprisonment  in  the  county  ^^^^^^^ance. 
jail  for  not  less  than  ten  and  not  more  than  one  hundred 
days  each,  or  both  such  fine  and  imprisonment,  and  shall  be 
removed  from  office.  And  on  the  third  Monday  of  December 
succeeding  such  election,  the  Chief  Justice  of  the  Supreme 
Court  and  the  Associate  Justices,  or  a  majority  thereof,  shall 
meet  at  the  office  of  the  Secretary  of  State,  and  shall  open  and 
canvass  the  vote  for  members  of  Congress,  district  and  State  canvass  for 
officers ;  and  the  Governor  shall  grant  a  certificate  of  election  ^*^*^  officers 
to  and  commission  the  persons  having  the  highest  number  of 
votes,  and  shall  also  issue  proclamation,  declaring  the  election 
of  such  persons.  But  in  case  there  shall  be  no  choice,  by 
reason  of  any  two  or  more  persons  having  an  equal  and  the 
highest  number  of  votes  for  the  same  office,  the  Senate  and 
Assembly  shall  convene  in  the  Assembly  Chamber,  on  the 
second  Monday  of  February,  at  the  next  regular  session  of  the 
Legislature  after  such  election,  and  by  joint  vote  of  both 
houses,  elect  one  of  said  persons  to  fill  said  office;  provided, 
when  an  election  for  electors  of  President  and  Vice-President 
of  the  United  States  take  place,  the  vote  thereof  shall  be  can- 
vassed at  the  same  time  and  in  the  manner  aforesaid.  As 
amended,  Febrimry  8,  1889. 

Sec.  32.  No  certificate  shall  be  withheld  on  account  of  informa- 
any  defect  or  informality  in  the  returns  of  any  election,  if  it  treated!^ 
can  with  reasonable  certainty  be  ascertained  from  such  returns 
what  office  is  intended,  and  who  is  entitled  to  such  certificate; 
nor  shall  any  commission  be  withheld  by  the  Governor  or 
Board  of  County  Commissioners  on  account  of  any  such  defect 
or  informality  of  any  returns  made  to  the  office  of  the  Secre- 
tary of  State  or  to  the  Board  of  County  Commissioners. 

Sec.  33.     If  the  returns  of  the  election  of  any  county  in  the  Messengers 
State  shall  not  be  received  at  the  office  of  the  Secretary  of  ^Jio|ed, 
State  on  or  before  said  third  Monday  of  December  succeeding  when  and 
such  election,  the  said  Secretary  may  forthwith  send  a  mes- 
senger to  the  Clerk  of  the  Board  of  County  Commissioners  of 
such  county,  whose  duty  it  shall  be  to  furnish  said  messenger 
with  a  copy  of  such  returns ;  and  the  said  messenger  shall  be 
paid  out  of  the  treasury  of  such  county  the  sum  of  thirty 
cents  for  each  mile  he  shall  necessarily  travel  in  going  to  and 
returning  from  said  county.     Whenever  it  shall  be  necessary, 
in  the  opinion  of   the  Board  of  County  Commissioners,  to 
employ  a  messenger  to  convey  the  returns  to  the  seat  of  gov- 
ernment, and  deliver  them  to  the  Secretary  of  State,  the  person 
performing  such  service  shall  also  be  entitled  to   receive,  as 


44 


GENERAL   ELECTION. 


Pay  of 

messenger. 


Duties  of 
County  Com- 
missioners. 


Duties  of 
County 
Clerks  in 
transmitting 
returns. 


Per  diem  of 
Inspector 
and  Clerk 
of  Election. 


Mileage  of 
messenger. 


Who  may 
contest  an 
election. 


compensation,  mileage  at  the  rate  of  thirty  cents  per  mile, 
computing  the  distance  from  the  county-seat  to  the  seat  of 
government  by  the  usual  traveled  route. 

Sec  34.  When  two  or  more  counties  are  united  in  one 
Senatorial,  Representative  or  Judicial  District  for  the  election 
of  any  officers,  the  Board  of  County  Commissioners  of  each 
county  shall  canvass  the  votes,  according  to  law,  of  the  voters 
of  their  respective  counties  for  said  officer  or  officers ;  and  the 
Commissioners  of  the  county  whose  initial  is  the  lowest  on 
the  alphabet  shall  transmit  to  the  Commissioners  of  the 
county  of  the  highest  initial  a  copy  of  the  abstract  of  the  votes 
for  such  officer  or  officers,  when  the  said  last  Commissioners 
shall  make  a  final  abstract  and  aggregate  of  said  votes,  and 
shall  proceed  to  cause  to  be  issued  certificates  of  election,  and 
otherwise  to  act  as  is  provided  in  this  and  the  two  preceding 
sections. 

Sec.  85.  Whenever  the  returns  are  required  to  be  trans- 
mitted by  one  Clerk  of  the  Board  of  County  Commissioners  to 
the  Secretary  of  State,  it  shall  be  the  duty  of  such  Clerk,  if 
not  otherwise  directed  by  the  Board  of  County  Commissioners, 
to  deliver  the  same  to  some  Postmaster  of  the  county,  at  the 
postoffice,  to  be  transmitted  by  mail,  taking  from  such  Post- 
master, if  it  can  be  obtained,  a  certificate  setting  forth  the  time 
when  such  reports  were  deposited  in  the  postoffice,  which  cer- 
tificate the  Clerk  shall  file  in  his  office.  If  the  Clerk  of  the 
Board  of  County  Commissioners  should  neglect  or  refuse  to 
make  out  and  transmit  the  returns  or  abstract,  as  required  by 
this  Act,  he  shall  be  deemed  guilty  of  a  misdemeanor  in  office, 
and,  upon  conviction  thereof,  shall  be  fined  in  any  sum  not  less 
than  one  hundred  dollars,  or  more  than  five  hundred  dollars, 
and  imprisonment  in  the  county  jail  for  not  less  than  one 
month,  or  more  than  six  months,  or  both  such  fine  and  impris- 
onment, in  the  discretion  of  the  court,  and  shall  be  removed 
from  office.     As  amended,  Stats.  1881,  p.  Jf.0. 

Sec  36.  There  shall  be  allowed  out  of  the  county  treasury 
of  such  county  to  each  Inspector  and  each  Clerk  of  Election 
five  dollars  per  diem,  but  in  no  case  to  exceed  twenty  dollars 
for  all  services  required  by  law  to  be  performed  by  each  of 
them  at  any  one  election.  And  to  the  person  carrying  the 
poll  books  from  the  place  of  election  to  the  Clerk's  office,  and 
to  the  Clerk  of  the  Board  of  County  Commissioners  for  attend- 
ing at  another  county  to  canvass  votes,  the  sum  of  fifteen  cents 
per  mile  for  going  and  fifteen  cents  per  mile  for  returning,  to 
be  paid  out  of  the  county  treasury.  As  amended,  March  IJ/.,  1899. 

Sec  37.  Any  elector  of  the  proper  county  may  contest  the 
right  of  any  person  declared  duly  elected  to  an  office  exercised 
in  and  for  such  county;  and,  also,  any  elector  of  a  township 
may  contest  the  right  of  any  person  declared  duly  elected  to 
any  office  in  and  for  such  township,  for  any  of  the  following 
causes :  First — For  malconduct  on  the  part  of  the  Board  of 
Inspectors,  or  any  member  thereof.     Second — When  the  per- 


GENERAL   ELECTION.  45 

son  whose  right  to  the  ofiice  is  contested  was  not  at  the  time 
of  election  eligible  to  such  office. 

Sec.  38.  When  any  election,  held  for  an  office  exercised  in  irregruiarity 
and  for  a  county,  is  contested  on  account  of  any  malconduct 
on  the  part  of  the  Board  of  Inspectors  of  any  precinct,  or  any 
member  thereof,  the  election  shall  not  be  annulled  and  set 
aside  uj)on  any  proof  thereof,  unless  the  rejection  of  the  vote 
of  such  precinct  shall  change  the  result  as  to  such  office  in  the 
remaining  vote  in  the  county. 

Sec.  39.  When  any  elector  shall  choose  to  contest  the  right  contest 
of  any  person  declared  duly  elected  to  such  office,  he  shall,  Ifo^w?^^*^^*^' 
within  forty  days  thereafter,  file  with  the  Clerk  of  the  District 
Court  a  written  statement,  setting  forth  specifically:  First — 
The  name  of  the  party  contesting  such  election ,  and  that  he  is 
a  qualified  elector  of  the  district,  county  or  precinct  (as  the 
case  may  be)  in  which  such  election  was  held.  Second — The 
name  of  the  person  whose  right  to  the  office  is  contested. 
Third — The  office.  Fourth — The  particular  cause  or  causes 
of  such  contests.  Said  statement  shall  be  verified  by  the  affi- 
davit of  the  contesting  party  that  the  matters  and  things 
therein  contained  are  true,  to  the  best  of  his  knowledge  and 
belief. 

Sec.  40.     When  the  reception  of  illegal  votes  is  alleged  as  a  Proceedings 
cause  of  contest,  it  shall  be  sufficient  to  state  generally  that  ^"  ^°°*^^*^" 
illegal  votes  were  given  to  the  person  whose  election  is  contested 
in  the  specified  precinct  or  precincts,  which,  if  taken  from  him, 
will  reduce  the  number  of  his  legal  votes  below  the  number  of 
legal  votes  given  to  some  other  person  for  the  same  office;  but 
no  testimony  shall  be  received  of  illegal  votes  unless  the  party 
contesting  such  election  shall  deliver  to  the  opposite  party,  at 
least  three  days  before  such  trial,  a  written  list  of  the  number 
of  illegal  votes,  and  by  whom  given,  which  he  intends  to  prove 
on  such  trial;  and  no  testimony  shall  be  received  of  any  illegal 
votes  except  such  as  are  specified  in  such  list;  provided,  that 
in  all  cases  of  contested  elections  the  District  Court  of  the  District 
respective  districts  shall  have  original  jurisdiction  to  try  and  ^g^idV^ 
determine  all  such  cases,  and  may,  by  mandamus  or  otherwise, 
obtain  all   documentary  evidence   required   l)y  either  of  the 
parties  litigant. 

Sec.  41.  No  statement  of  the  cause  of  contest  shall  be  strict  form 
rejected,  nor  the  proceedings  thereon  dismissed,  by  any  court  ^^^  ^^s®"*^*'- 
before  which  such  contest  may  be  brought  for  trial,  for  want 
of  form,  if  the  particular  cause  or  causes  of  contest  shall  be 
alleged  with  such  certainty  as  Avill  sufficiently  advise  the 
defendant  of  the  particular  proceedings  or  causes  for  which 
such  election  is  contested. 

Sec.  42.     Upon  such  statement  being  filed,  it  shall  l)e  the  Duties  of 
duty  of  the  Clerk  of  the  District  Court  to  inform  the  Judge  Sltric^t^ 
thereof,  who  shall  fix  the  time  and  place  to  hear  and  deter-  ^oun. 
mine  such  contested  election ;  and  the  Clerk  shall  give  notice 
thereof,  not  less  than  ten  nor  more  than  twentj^  days  from  the 


46 


GENERAL   ELECTION. 


Process. 


Duties  of 
Clerk  of 
District 
Court. 


Fees  of 
county 
officers. 


Effect  of 
judgment 
of  Court. 


Contest  to  be 
tried,  where. 


Who  may 
bring  action. 


Duties  of 

District 

Attorney. 


Order  of 
Court. 


date  of  such  notice  to  the  parties  contesting,  which  said  notice 
shall  be  served  by  the  Sheriff  of  the  county  upon  the  respect- 
ive parties,  as  in  other  cases. 

Sec  43.  The  said  Clerk  shall  issue  subpenas  and  subpenas 
duces  tecum,  as  in  civil  actions  of  law,  for  witnesses-  in  such 
contested  election,  at  the  request  of  either  party,  which  shall 
be  served  by  the  Sheriff  as  other  subpenas;  and  the  District 
Court  shall  have  full  power  to  issue  attachments  to  compel 
the  attendance  of  witnesses  who  shall  fail  to  attend,  who  shall 
have  been  duly  subpenaed. 

Sec  44.  Upon  the  certified  copy  of  a  judgment  of  the  Dis- 
trict Court,  or  a  certified  copy  of  the  judgment  of  the  Supreme 
Court,  as  the  case  may  be,  the  Clerk  of  the  Board  of  County 
Commissioners  shall  issue  a  certificate  to  the  person  declared 
to  be  entitled  to  such  certificate  of  election. 

Sec  45.  The  Clerk,  Sheriff  and  witnesses  shall  receive, 
respectively,  the  same  fees  from  the  party  against  whom  the 
judgment  is  given  as  are  allowed  for  similar  services  in  the 
District  Court. 

Sec  46.  Whenever  an  election  shall  be  annulled  and  set 
aside  by  the  judgment  of  the  District  Court,  and  no  appeal 
has  been  taken  therefrom  within  thirty  days,  such  certificate, 
if  any  has  been  issued,  shall  thereby  be  rendered  void  and 
the  office  become  vacant. 

Sec  47.  In  case  of  any  contest  in  regard  to  any  election 
to  fill  the  office  of  District  Judge,  such  contest  shall  be  tried 
in  like  manner  before  the  District  Court  of  the  district  nearest 
adjoining  thereto. 

Sec  48.  Any  such  action  may  be  brought  by  the  District 
Attorney,  in  the  name  of  the  State  of  Nevada,  upon  his  own 
information  or  upon  the  complaint  of  any  private  party,  against 
any  person  who  unlawfully  holds  any  public  office  within  the 
State;  and  it  shall  be  the  duty  of  the  District  Attorney  to 
bring  such  action  whenever  he  has  reason  to  believe  that  any 
such  office  is  unlawfully  held  or  exercised  by  any  person,  or 
when  he  is  directed  to  do  so  by  the  Governor. 

Sec  49.  Whenever  such  action  is  brought  the  District 
Attorney,  in  addition  to  the  statement  and  cause  of  action, 
may  also  set  forth  in  the  complaint  the  name  of  the  person 
rightly  entitled  to  the  office  or  franchise,  with  a  statement  of 
his  right  thereto;  and  in  such  case,  upon  proof  by  affidavit  or 
otherwise,  that  the  defendant  has  received  fees  or  emoluments 
belonging  to  the  office  or  franchise,  by  means  of  his  usurpa- 
tion thereof,  an  order  may  be  granted  by  a  Judge  of  the 
Supreme  Court,  or  a  District  Judge,  for  the  arrest  of  such 
defendant,  and  holding  him  to  bail;  and  thereupon  he  may  be 
arrested  and  held  to  bail  in  the  same  manner  and  with  the 
same  effect,  and  subject  to  the  same  rights  and  liabilities  as  in 
other  civil  actions  where  the  defendant  is  subject  to  arrest. 

Sec  50.  If  the  judgment  be  rendered  upon  the  right  of 
the  person  so  alleged  to  be  entitled  in  favor  of  such  person,  he 


GENERAL   ELECTION.  47 

piay  recover,  l:>y  action,  the  damages  which  he  shall  have  sus-  Damages 
tained  by  reason  of  the  usurpation  of  the  office  or  franchise  by  Sovel-ed. 
the  defendant. 

Sec.  51.  When  several  persons  claim  to  be  entitled  or 
elected  to  the  same  office  one  action  may  be  })rought  by  or 
against  all  such  persons,  in  order  to  try  their  respective  rights 
to  such  office. 

CONTEST  FOE   MEMBERS    OF  THE   LEGISLATURE. 

Sec.  o2.     In  case  of  contest  for  Senator  or  Assemblyman  in  Contest  for 
any  county  in  this  State,  the  party  contesting  shall  file  a  state-  Le^^g^ature. 
ment  in  the  office  of  the  County  Clerk  of  the  county  in  which  po^^j^cted 
such  Senator  or  Asseml)lyman  may  be  a  resident,  a  concise 
statement  of  the  grounds  upon  which  he  intends  to  rely,  which 
statement  shall  be  verified  by  affidavit;  and  it  shall  be  the 
duty  of  the  Clerk  to  issue  a  commission,  directed  to  a  Justice  Duties  of 
of  the  Peace  of  such  county,  to  meet  at  such  time  and  place  as  ^'^unty  cierk 
shall  be  specified  in  such  commission ,  not  less  than  twenty  of  Justice  of 
nor  more  than  thirty  days  from  the  filing  of  such  papers,  for  the  Peace, 
the  purpose  of  taking  the  deposition  of  such  witnesses  as  the 
parties  to  such  contest  may  wish  to  examine,  and  notice  shall 
be  served  upon  the  person  whose  right  to  such  office  is  con- 
tested, bv  the  Sheriff  of  the  county,  the  same  as  provided  for  Sheriff  to 
by  law  in  like  cases.  ^"^^"  °°"""- 

Sec.  53.     Said  Justice  of  the  Peace  shall  have  power  at  any  justice  of 
time  to  issue  subpenas  for  witnesses  at  the  request  of  either  empowered 
party,  to  be  served  by  the  Sheriff  as  other  subpenas;  and  said  g°^^^^\ 
Justice  shall  have  the  same  power  to  issue  attachments  and 
assess  fines  against  witnesses  as  is  given  to  Justices  of  the  Peace  other 
in  otlier  trials  instituted  before  him ;  and  all  testimony  taken  g^^  Justice, 
before  him  during  such  proceeding  shall  be  in  writing,  and  i  estimony  to 
shall  be  certified  to  and  forwarded   by  mail  or  express,  or  J'^^ounr^^ 
delivered  to  the  Clerk  of  the  county.  cierk. 

Sec.  54.     It  shall  be  the  duty  of  said  Clerk  to  seal  up  such  County  cierk 
depositions,  together  with  the  original  statement  of  the  grounds  deliver  aii 
of  such  contest,  and  a  copy  of  the  notice  served  upon  the  party  g|cretary 
whose  right  is  contested,  and  the  commission  issued  to  the  of  state. 
Justice  of  the  Peace,  and  transmit  the  same  by  mail  to  the 
Secretary  of  State,  indorsing  thereon  the  names  of  the  contest-  Tobe 
ing  parties  and  the  branch  of  the  Legislature  before  which  such  ^'^^^o^se^- 
contest  is  to  be  tried. 

Sec.  55.     (Repealed.) 

Sec.  56.     It  shall  be  the  duty  of  the  Secretary  of  State  to  secretary  of 
deliver  the  same,  unopened,  to  the  presiding  officer  of  the  house  dem^er^ 
in  which  such  contest  is  to  be  tried,  on  or  before  the  second  papers, 
day  after  the  organization  of  the  Legislature  next  after  taking 
such  depositions ;  and  such  presiding  officer  shall  immediately^ 
give  notice  to  said  house  that  said  papers  are  in  his  possession. 

Sec  57.     At  any  time  after  notice  of  smy  contest  shall  be  Deposition 
given,  and  before  the  trial  of  such  contested  election  before  Jaken!^when 
the  proper  branch  of  the  Legislature,  it  may  be  lawful  for  and  how. 


48 


GENERAL  ELECTION. 


either  party  to  such  contest  to  take  depositions,  to  be  read  on 
the  trial  thereof  in  like  manner  and  under  the  same  rules  as 
are  allowed  and  required  in  cases  of  depositions  to  be  read 
on  any  trial  pending  in  the  District  Court;  and  such  deposi- 
tions, when  thus  taken,  shall  be  sealed  up  by  the  officer  tak- 
ing the  same  and  directed  to  the  Secretary  of  State,  who  shall 
keep  the  same,  unopened,  and  deliver  them  to  the  presiding 
officer  of  the  house  in  which  such  contest  is  to  be  tried,  to  be 
disposed  of  by  such  officer  as  the  depositions  specified  in  the 
preceding  section. 


Contest  for 
State  office, 
how 
instituted. 


Penalty  for 
malfeasance 
in  office. 


Summary 
proceeding 
on  complaint 


Officers 

deposed, 

how. 


FOR  CONTESTING  THE   ELECTION   OF  STATE   OFFICERS. 

Sec.  58.  Any  qualified  elector  of  the  State  may  contest  the 
election  of  any  person  declared  duly  elected  to  any  State  office 
within  this  State  by  filing  a  specification  of  the  grounds  of 
such  contest  with  the  Clerk  of  the  Supreme  Court,  which  spe- 
cifications shall  be  verified  by  oath  or  affirmation,  and  it  is 
hereby  made  the  duty  of  the  Attorney-General  to  prosecute 
such  action  in  the  name  of  the  people  of  the  State,  before  the 
Supreme  Court,  who  shall  have  original  jurisdiction  in  such 
cases;  the  Justices,  or  either  of  them,,  shall  have  power  to 
issue  such  process  as  may  be  necessary  to  the  complete  hear- 
ing and  final  determination  of  such  action. 

Sec.  59.  If  any  person  now  holding  or  who  shall  hereafter 
hold  any  office  in  this  State,  who  shall  refuse  or  neglect  to 
perform  any  official  act  in  the  manner  and  form  as  now  pre- 
scribed by  law,  or  who  shall  be  guilty  of  any  malpractice  or 
malfeasance  in  office,  shall  be  removed  therefrom  as  herein 
prescribed. 

Sec.  60.  Whenever  any  complaint  in  writing,  duly  verified 
by  the  oath  of  any  complainant,  shall  be  presented  to  the  Dis- 
trict Court  alleging  that  any  officer  within  the  jurisdicttion  of 
said  court  has  been  guilty  of  charging  and  collecting  any  ille- 
gal fees  for  services  rendered  or  to  be  rendered  in  his  office,  or 
has  refused  or  neglected  to  perform  the  official  duties  pertain- 
ing to  his  office  as  prescribed  by  law,  or  has  been  guilty  of 
any  malpractice  or  malfeasance  in  office,  it  shall  be  the  duty 
of  the  court  to  cite  the  party  charged  to  appear  before  him  on 
a  certain  day,  not  more  than  ten  nor  less  than  five  days  from 
the  time  when  said  complaint  shall  be  presented,  and  on  that 
day,  or  some  subsequent  day  not  more  than  twenty  days  from 
that  on  which  said  complaint  is  presented,  shall  proceed  to 
hear,  in  a  summary  manner,  the  complaint  and  evidence 
offered  by  the  party  complained  of,  and  if,  on  such  hearing, 
it  shall  appear  that  the  charge  or  charges  of  said  complaint 
are  sustained,  the  Court  shall  enter  a  decree  that  said  party 
complained  of  shall  be  deprived  of  his  office,  and  shall  enter 
a  judgment  of  five  hundred  dollars  in  favor  of  the  complain- 
ant, and  such  costs  as  are  allowed  in  civil  cases. 

Sec.  61.  It  shall  be  the  duty  of  the  Clerk  of  the  Court  in 
which   such  proceedings  are  had,  to  transmit,  within   three 


GENERAL   ELECTION.  49 

days  thereafter,  to  the  Governor  of  the  State,  or  Board  of  f^^^^ijs  of 
County  Commissioners  (as  the  case  may  he)  of  the  proper  court, 
county,  a  copy  of  any  decree  or  judgment  declaring  any 
officer  deprived  of  any  office  under  this  Act;  and  it  shall  be 
the  duty  of  the  Governor  or  such  Board  of  County  Commis- 
sioners (as  the  case  may  be)  to  appoint  some  person  to  fill 
said  office  until  a  successor  shall  be  selected  or  appointed  and 
qualified;  and  it  shall  be  the  duty  of  the  person  so  appointed 
to  give  such  bond  and  security  as  are  prescribed  by  law  and 
pertaining  to  such  office. 

Sec.  62.    In  case  judgment  of  the  District  Court,  as  herein  officers  not 
provided,  shall  be  against  the  officer  complained  of,  and  an  penS^ng°*°^ 
appeal  taken  from  the  judgment  so  rendered,  the  officer  so  appeal, 
appealing  shall  not  hold  the  office  during  the  pending  of  such 
appeal;  ])ut  such  office  shall  be  filled  as  in  case  of  a  vacancy. 

BY  CRIMINAL  ACTION. 

Sec.  68.     An   accusation,  in  writing,  against  any  district,  officers,  how 
county,  or  township  officer,  for  wilful  misconduct   in  office,  before  grand 
may  be  presented  by  the  grand  jury  of  the  county,  for  which  ^"'"y- 
such  officer  accused  is  elected  or  appointed,  which  accusation 
shall  state  the  offense  charged,  and  shall  be  delivered  by  the 
foreman  of  the  grand  jury  to  the   District  Attorney  of  the  Duties  of 
county,  who  shall  cause  a  copy  thereof  to  be  served  upon  the  Attorney 
defendant,  and  require  by  notice,  in  writing,  of  not  less  than 
ten  days,  that  he  appear  before  the  District  Court,  then  sitting, 
or  at  the  next  term,  and  answer  the  accusation.     The  original 
accusation  shall  then  be  filed  with  the  Clerk  of  the  District 
Court. 

Sec.  64.    The  defendant  must  appear  at  the  time  appointed  Default  may 
in  the  notice,  and  answer  the  accusation,  unless  for  some  suf-  against  the 
ficient  cause  the  Court  assign  another  day  for  that  purpose.  ^^^^^^^• 
If  he  do  not  appear  the  Court  may  proceed  to  hear  and  deter-  . 
mine  the  accusation  in  his  absence. 

Sec.  65.     The  defendant  may  answer  the  accusation,  either  May  defend, 
by  objecting  to  the  sufficiency  thereof  or  to  any  allegation  ^^^• 
therein,  or  hy  denying  the  truth  of  the  same. 

Sec.  66.  If  he  objects  to  the  legal  sufficiency  of  the  accu- 
sation, the  objection  must  be  in  writing,  but  need  not  be  in 
any  specific  form,  it  being  sufficient  if  it  present  intelligibly 
the  grounds  of  the  objection. 

Sec.  67.  If  he  denies  the  truth  of  the  accusation,  the  denial 
may  be  oral  and  without  oath,  and  shall  be  entered  upon  the 
minutes. 

Sp]C.  68.  If  any  objection  to  the  sufficiency  of  the  accusation 
be  not  sustained,  the  defendant  shall  be  required  to  answer 
the  accusation  forthwith. 

Sec  69.     If  the  defendant  plead  guilty,  and  refuse  to  answer  on  piea  of 
the  accusation,  the  Court  shall  render  judgment  of  conviction  SFrfiltrS'^^ 
against  him.     If  he  deny  the  matter  charged,  the  Court  shall  ^o"''*- 
immediately,  or  as  soon  thereafter  as  practicable,  proceed  to  try 

4 


50 


GENERAL   ELECTION. 


Judgment 
of  Court. 


Appeal  may 
be  taken. 


District 
Attorney, 
how 
prosecuted. 


the  accused,  which  trial  shall  be  conducted  in  all  respects  and 
in  like  manner  as  trial  upon  indictment  for  other  offenses. 

Sec.  70.  Upon  a  conviction,  the  Court  shall  immediately, 
or  within  five  days,  as  it  may  appoint,  i:>ronounce  judgment 
that  the  defendant  be  removed  from  office;  but  to  Avarrant  a 
removal,  the  judgment  must  be  entered  upon  the  minutes, 
assigning  thereon  the  cause  of  removal. 

Sec.  71.  From  a  judgment  of  removal  an  appeal  may  be 
taken  to  the  Supreme  Court,  in  the  same  manner  as  from  a 
judgment  in  a  civil  action ;  but  until  such  judgment  be  reversed 
the  defendant  shall  be  suspended  from  his  office.  Pending 
the  appeal  the  office  may  be  filled  as  in  case  of  a  vacancy. 

Sec.  72.  The  same  proceedings  may  be  had  on  like  grounds 
for  the  removal  of  a  District  Attorney,  except  that  the  accu- 
sation shall  1)6  delivered  to  the  District  Judge  of  the  district, 
who  shall  thereupon  appoint  some  one  to  act  as  a  prosecuting 
officer  in  the  matter,  or  shall  place  the  accusation  in  the  hands 
of  the  District  Attorney  of  the  nearest  adjoining  district,  and 
require  him  to  conduct  the  proceedings. 


Proceedings 
in  case  of  im- 
peachment. 


Service  to  be 
personally. 


How  a 
defendant 
may  answer. 


Objections, 
how  made. 


BY   IMPEACHMENT.: 

Sec.  73.  Where  a  civil  officer  of  the  State  is  impeached  by 
the  Assembh^  for  misconduct  in  office  the  articles  of  impeach- 
ment shall  be  delivered  to  the  President  of  the  Senate,  who 
shall  cause  a  copy  thereof  with  a  notice  to  appear  and  answer 
the  same,  at  the  time  and  place  appointed,  to  be  served  on  the 
defendant  not  less  than  ten  days  before  the  day  fixed  for  the 
hearing. 

Sec.  74.  The  service  must  be  upon  the  defendant  person- 
ally; or,  if  he  cannot,  upon  diligent  inquiry,  be  found  within 
the  State,  the  Senate,  upon  due  proof  of  the  fact,  may  order 
that  publication  be  made  in  such  manner  as  they  deem  proper, 
of  a  notice  requiring  him  to  appear  at  a  specified  time  and 
place,  and  answer  the  articles  of  impeachment. 

Sec.  75.  If  the  defendant  do  not  appear,  the  Senate,  upon 
proof  of  personal  service  or  publication ,  as  provided  in  the  last 
two  preceding  sections,  may,  of  their  own  motion.4lr  for  cause 
shown,  assign  another  day  for  hearing  the  impeachment,  or 
may  then,  or  at  any  other  time  which  they  may  appoint,  pro- 
ceed, in  the  absence  of  the  defendant,  to  trial  and  judgment. 

Sec.  76.  When  the  defendant  appears,  he  must  answer  to 
the  articles  of  impeachment,  which  he  may  do  either  by 
objecting  to  the  sufficienc}^  of  the  same,  or  any  article  thereof, 
or  denying  the  truth  of  the  same. 

Sec.  77.  If  the  defendant  object  to  the  sufficiency  of  the 
impeachment  the  objection  must  be  in  writing,  but  need  not 
be  in  any  specific  form,  it  being  sufficient  if  it  presents  intel- 
ligibly the  grounds  of  the  objection.  If  he  deny  the  truth  of 
the  impeachment,  the  denial  may  be  oral  and  without  oath 
and  shall  be  entered  upon  the  journal. 

Sec.  78.     If  he  plead  guilty  or  refuse  to  plead,  the  Senate 


GENERAL   ELECTION.  51 

shall  render  judgment  of  conviction  against  him.     If  he  deny  Senate 
the  matter  charged,  the  Senate  shall,  at  such  time  as  they  jSdJmeift, 
may  appoint,  proceed  to  try  the   impeachment.     The  Chief  when. 
Justice  of  the  Supreme  Court  shall  preside  over  the  Senate  who  to 
while    sitting  to  try  the   Governor    or    Lieutenant-Governor  p^^^^^^- 
upon  impeachment,  and  in  all  other  cases  the  President  of 
the  Senate. 

Sec.  79.  At  the  time  and  place  appointed,  before  the  Sen-  path  admin- 
ate  proceed  to  act  on  the  impeachment,  the  Secretary  shall  whom.'  ^ 
administer  to  the  President  of  the  Senate  or  Chief  Justice  (as 
the  case  maj^  be),  and  the  President  of  the  Senate  or  Chief 
Justice  (as  the  case  may  be)  to  each  of  the  members  of  the 
Senate  then  present,  an  oath  or  affirmation,  truly  and  impar- 
tially to  hear,  try  and  determine  the  impeachment. 

Spx.  80.     The  judgment  may  l)e  that  the  defendant  l)e  sus-  Judgment, 
pended  and  removed  from  office,  or  that  he  be  removed  from 
office  and  disqualified  to  hold  and  enjoy  a  particular  office,  or 
class  of  offices,  or  any  office  of  honor,  trust  or  profit  under  the 
Constitution  and  laws  of  this  State. 

Sec.  81.  If  judgment  of  suspension  be  given  on  the  votes  of  Penalties  of 
two-thirds  of  the  members  elected  to  each  branch  of  the  Legis-  JS^^nt!*^  "  • 
lature,  the  defendant  shall,  during  the  continuance  thereof,  be 
disqualified  from  receiving  the  salary,  fees  or  emoluments  of 
the  ofiice;  and  the  Judge,  District  Attorney,  or  any  State  officer 
complained  of,  shall  l)e  served  with  a  copy  of  the  complaint 
against  him,  and  have  an  opportunity  of  l)eing  heard  in  person 
or  by  counsel  in  his  defense;  provided,  that  no  member  of  either 
l)ranch  of  the  Legislature  shall  l)e  eligible  to  fill  the  vacancy 
occasioned  l\y  such  removal. 

Sec.  82.     When  articles  of  impeachment  shall  be  presented  Suspended 
against  the  President  of  the  Senate  such  officer  shall  be  tem-  when.°  ^^' 
porarily  suspended  from  his  office,  and  shall  not  act  in  his 
official  capacity  until  duly  acquitted.     Upon  such  suspension 
of  any  State  officer  whose  office  is  created  l)y  the  (institution 
or  laws  of  this  State,  the  Governor  shall  immediately  take 
charge  of  his  office,  and  such  office  shall  at  once  be  temporarily 
filled  by  appointment  by  the  Governor  until  the  acquittal  of  Duties  of 
the  party  impeached,  or,  in  case  of  his  removal,  then  until  the  ^"'^^''°^^- 
vacancy  be  filled  as  provided  by  law. 

Sec.  83.  Every  person  charged  with  the  performance  of  any  Penalties  for 
duty  under  the  provisions  of  any  law  of  this  State  relating  to  ei^ctiiDn^iaw. 
elections,  who  wilfully  neglects  or  refuses  to  perform  it,  or  who, 
in  his  official  capacity,  knowingly  and  fraudulently  acts  in 
contravention  or  violation  of  any  of  the  provisions  of  such 
laws,  shall  be  deemed  guilty  of  a  felony,  and  punishable  by 
fine  not  exceeding  one  thousand  dollars,  or  by  imprisonment 
in  the  State  Prison  not  exceeding  five  years,  or  by  both  such 
fine  and  imprisonment. 

Sec.  84.     Eveiy  person  who  after  ])eing  required   by  the  Misde- 
Board  of  Judges  at  any  election,  refuses  to  be  sworn,  or  who,  ™«^anor. 
after  being  sworn,  refuses  to  answer  any  pertinent  question 


52 


GENERAL   ELECTION. 


Penalty. 


Fraud  on 
ballot  box. 


Felony. 

How 
punished. 


Fraudulent 
voting. 


Penalty. 


Misde- 
meanor to 
violate 
secrecy  of 
ballot. 


propounded  by  such  l)oard  touching  his  right  or  tlie  right  of 
any  other  person  to  vote,  is  guilty  of  a  misdemeanor,  punish- 
able by  a  fine  not  exceeding  five  hundred  dollars,  or  impris- 
onment in  the  county  jail  not  exceeding  three  months,  or  ])y 
both  such  fine  and  imprisonment. 

Sec.  85.  Every  person  not  entitled  to  vote  who  fraudulently 
votes,  and  every  person  who  votes  more  than  once  at  any 
election,  or  knowingly  hands  in  two  or  more  tickets  folded 
together,  or  changes  any  ballot  after  the  same  has  been  depos- 
ited in  the  ballot  box,  or  adds,  or  attempts  to  add,  any  ballot 
to  those  legally  polled  at  any  election,  either  by  fraudulently 
introducing  the  same  into  the  ballot  box  before  or  after  the 
ballots  therein  have  been  counted,  or  adds  to  or  mixes  with, 
or  attempts  to  add  or  mix  with,  the  l)allots  lawfully  provided, 
other  ballots  while  the  same  are  being  counted  or  canvassed, 
or  abstracts  any  ballots  lawfully  polled  at  any  other  time  with 
intent  to  change  the  result  of  such  election,  or  carries  away  or 
destroys,  or  attempts  to  carry  away  or  destroy,  any  poll  list 
or  ballots,  or  ballot  box,  for  the  purpose  of  breaking  up  or 
invalidating  such  election,  or  wilfully  detains,  nmtilates  or 
destroys  any  election  returns,  or  in  any  manner  so  interferes 
with  the  officers  holding  such  election  or  conducting  such  can- 
vass, or  with  voters  lawfully  exercising  their  right  of  voting 
at  such  election,  as  to  prevent  such  election  or  canvass  from 
being  fairly  held  and  lawfully  conducted,  shall  be  guilty  of  a 
felony,  punishable  by  a  fine  not  exceeding  one  thousand  dol- 
lars, or  by  imprisonment  in  the  State  Prison  not  exceeding 
five  years,  or  l)y  both  such  fine  and  imprisonment. 

Sec.  86.  Every  person  not  entitled  to  vote  who  fraudulently 
attempts  to  vote,  or  who,  being  entitled  to  vote,  attempts  to 
vote  more  than  once  at  any  election,  or  who  procures,  aids, 
assists,  counsels,  or  advises  another  to  give  or  offer  his  vote  at 
any  election,  knowing  that  the  person  is  not  qualified  to  vote, 
shall  be  guilty  of  a  misdemeanor,  punishable  by  a  fine  not 
exceeding  two  hundred  dollars,  or  by  imprisonment  in  the 
county  jail  not  exceeding  sixty  days,  or  by  both  such  fine  and 
imprisonment. 

Sec.  87.  Every  Inspector,  Judge  or  Clerk  of  an  election 
who,  previous  to  putting  the  ballot  of  an  elector  in  the  bal- 
lot box,  attempts  to  find  out  any  name  on  such  ballot,  or 
who  opens  or  suffers  the  folded  ballot  of  any  elector  which 
has  been  handed  in,  to  be  opened  or  examined  previous  to 
putting  the  same  into  the  ballot  box,  or  makes  or  places  any 
mark  or  device  on  any  folded  ballot,  with  a  view  to  ascertain 
the  name  of  any  person  for  whom  the  elector  has  voted,  or 
who,  without  the  consent  of  the  elector,  discloses  the  name  of 
any  person  which  such  Inspectors,  Judge  or  Clerk  has  fraud- 
ulently or  illegall}^  discovered  to  have  voted  for  })y  such 
See  statutes  1891,  sections  28  and  30,  p.  46,  post. 

elector,  is  punishable  l:>y  a  fine  of  not  less  than  fifty  nor  more 
than    five    hundred    dollars.     Every    person    who    forges    or 


GENERAL   ELECTION.  53 

counterfeits  returns  of  an  election  purporting  to  have  been  Forging 
held  at  a  precinct,  town  or  ward,  when  no  election  was  in  fact  flfony^^ 
held,  or  wilfully  substitutes  forged  or  counterfeit  returns  of 
election  in  the  place  of  the  true  returns  of  a  precinct,  town  or 
ward  where  an  election  was  actuallj^  held,  is  punishable  by  Penalty, 
imprisonment  in  the  State  Prison  for  a  term  of  not  less  than 
two  nor  more  than  ten  years. 

Sec.  88.  Every  person,  who  by  force,  threats,  menaces.  Bribery, 
bribery,  or  any  corrupt  means,  either  directfy  or  indirectly,  o"rH?enace° 
attempts  to  influence  an  elector  in  giving  his  vote,  or  to  deter 
him  from  giving  the  same,  or  attempts  by  any  means  to  awe, 
restrain,  hinder  or  disturb  any  elector  in  the  free  exercise  of 
the  right  of  suffrage,  or  furnishes  an  elector  wishing  to  vote, 
who  cannot  read,  with  a  ticket,  informing  or  giving  such  elector 
to  understand  that  it  contains  a  name  written  or  printed 
thereon  different  from  the  name  which  is  written  or  printed 
thereon,  or  defrauds  any  elector  at  such  election  by  deceiving 
and  causing  such  elector  to  vote  for  a  different  person  or  any 
office  than  he  intended  or  desired  to  vote  for,  or  who,  being 
Inspector,  Judge  or  Clerk  of  any  election,  while  acting  as  such, 
induces  or  attempts  to  induce,  any  elector  either  by  menace  or 
reward,  or  promise  thereof,  to  vote  different  from  what  such 
elector  intended  or  desired  to  vote,  shall  be  guilty  of  a  felony, 
punishable  by  fine  not  exceeding  one  thousand  dollars,  or  penalty, 
imprisonment  in  the  State  Prison  not  exceeding  five  years,  or 
by  both  such  fine  and  imprisonment. 

Sec.  89.  Every  person  who,  with  intent  to  promote  the  promoters  of 
election  of  himself  or  any  other  person,  either:  First — Fur-  puSfshed^* 
nishes  entertainment  at  his  expense  to  any  meeting  of  electors 
previous  to  or  during  an  election.  Second — Pays  for,  procures 
or  engages  to  pay  for  any  such  entertainment.  Third — Fur- 
nishes or  engages  to  pay  or  deliver  any  money  or  property  for 
the  purpose  of  procuring  the  attendance  of  voters  at  the  polls, 
or  for  the  purpose  of  compensating  any  person  for  procuring 
attendance  of  voters  at  the  polls,  except  for  the  conveyance  of 
voters  who  are  sick  or  infirm.  Fourth — Furnishes  or  engages 
to  pay  or  deliver  any  money  or  property  for  any  purpose 
intended  to  promote  the  election  of  any  candidate,  except  for 
the  expenses  of  holding  and  conducting  public  meetings,  for 
the  discussion  of  public  questions,  and  of  printing  and  circu- 
lating ballots,  handbills  and  other  papers  previous  to  such 
election,  shall  be  guilty  of  a  misdemeanor,  punishable  by  fine  penalty, 
not  exceeding  five  hundred  dollars,  or  imprisonment  not 
exceeding  six  months  in  the  county  jail. 

Sec.  90.     Every  person  who  gives  or  offers  a  bribe  to  any  Bribery  or 
officer  or  member  of  any  Legislature,  caucus,  political  con-  bribe!  a*  ° 
vention,  committee,  primary   election,  or   political    gathering  felony, 
of  any  kind,  held  for  the  purpose  of  nominating  candidates 
for  offices  of  honor,  trust,  or  profit  in  this  State,  with  intent 
to    influence    the    person   to   whom    such    bribe   is  given    or 
offered  to  be  more  favorable  to  one  candidate  than  another. 


54 


GENERAL   ELECTION. 


Penalty. 


Contingent 
promises  of 
appointment 


Penalty. 


Sale  of 

liquor 

forbidden. 


Penalty. 


Duties  of 
Governor. 


Rewards 
offered. 


Duties  of 
Secretary 
of  State. 


shall  be  guilty  of  felony,  punishable  by  a  fine  not  exceeding 
five  thousand  dollars,  or  ten  years  imprisonment  in  the  State 
Prison,  or  ])oth  such  fine  and  imprisonment. 

Sec.  91.  Every  person  who,  being  a  candidate  at  any  elec- 
tion, offers  or  agrees  to  appoint  or  procure  the  appointment 
of  any  particular  person  to  office,  position  or  emi:)loyment  as 
an  inducement  or  consideration  to  any  person  to  vote  for,  or 
procure,  or  aid  in  procuring  the  election  of  such  candidate,  or 
person  not  being  a  candidate,  who  communicates  any  offer 
made  in  violation  of  this  and  the  preceding  section,  to  any  per- 
son with  intent  to  induce  him  to  vote  for,  or  to  procure  or  aid 
in  procuring  the  election  of  the  candidate,  shall  be  deemed 
guilty  of  felony,  punishable  by  imprisonment  not  exceeding 
five  years,  or  a  fine  not  exceeding  five  thousand  dollars,  or  hy 
both  such  fine  and  imprisonment. 

Sec.  92.  No  person  shall  sell,  give  away  or  furnish,  or  cause 
to  be  sold,  given  away  or  furnished,  either  for  or  without  pay, 
within  this  State,  on  any  day  upon  which  any  general  election 
is  held,  nor  within  the  limits  of  any  county  or  city  on  any  day 
upon  which  any  special  or  municipal  election  is  held  therein, 
any  spirituous,  malt  or  fermented  liquors  or  wines;  and  any 
one  so  doing  shall  be  deemed  guilty  of  a  misdemeanor,  and, 
upon  conviction  thereof,  shall  be  fined  in  any  sum  not  less 
than  one  hundred  nor  more  than  one  thousand  dollars,  or  by 
imprisonment  in  the  county  jail  not  less  than  one  nor  more 
than  six  months,  or  by  both  such  fine  and  imprisonment,  in 
the  discretion  of  the  court;  and  it  shall  be  the  duty  of  the 
Judges  of  the  District  Courts  of  the  several  judicial  districts  in 
this  State  to  specially  give  this  Act  in  charge  to  every  grand 
jury  impaneled  in  their  respective  districts. 

Sec.  93.  The  Governor  is  hereby  authorized  and  directed, 
at  least  thirty  days  previous  to  any  general  election,  and  fif- 
teen days  previous  to  any  special  election,  to  issue  a  proclama- 
tion offering  a  reward  of  one  hundred  dollars  for  the  arrest 
and  conviction  of  any  person  violating  any  of  the  provisions 
of  this  Act  when  the  crime  is  a  misdemeanor,  and  a  reward  of 
two  hundred  dollars  for  the  arrest  and  conviction  of  any  per- 
son guilty  of  felony,  as  herein  provided;  and  such  rewards  to 
be  paid  until  the  total  am(junt  hereafter  expended  for  the  pur- 
pose reaches  the  sum  of  ten  thousand  dollars,  payable  out  of 
any  moneys  in  the  State  Treasury  not  otherwise  appropriated. 
And  all  moneys  collected  under  the  provisions  of  this  Act  shall 
revert  to  the  general  school  fund  of  the  several  counties  where 
such  case  was  brought. 

Sec.  94.  It  shall  be  the  duty  of  the  Secretary  of  State  to 
cause  to  be  printed  in  pamphlet  form  a  requisite  number  of 
copies  of  this  Act,  with  marginal  notes  and  properly  indexed, 
a  suitable  number  of  which  shall  be  forwarded  by  him  to  the 
County  Clerks  of  the  several  counties  of  this  State  at  least 
sixty  days  previous  to  the  holding  of  any  general  election, 
and  at  least    twenty  days  previous  to  the   holding   of   any 


GENERAL   ELECTION.  55 

special  election ;  and  it  is  hereby  made  the  duty  of  said  County 
Clerks  to  inclose  in  each  and  every  ballot  box  sent  out  by  them,  f^"*ies  of 
to  be  used  at  the  various  precincts  of  their  respective  counties,  clerks^ 
five  or  more  copies  of  said  Act,  as  in  their  judgment  they  may 
deem  proper. 

Sec.  95.  "An  Act  relating  to  elections,  the  manner  of  con-  what 
ducting  and  contesting  the  same,  fraud  upon  the  ballot  box,  ^^"^^^^  • 
destroying  or  attempting  to  destroy  the  ballot  box,  illegal  or 
attempted  illegal  voting  and  misconduct  at  elections"  approved 
March  ninth,  eighteen  hundred  and  sixty-six,  and  an  Act 
amendatory  of  the  aforesaid  Act,  approved  February  twenty- 
fifth,  eighteen  hundred  and  sixty-nine;  also  an  Act  supple- 
mentary of  the  aforesaid  Act,  approved  March  fifth,  eighteen 
hundred  and  sixty-nine,  are  here})y  repealed. 


An  Act  providing  for  the  closing  of  polls  at  elections  in  cer- 
tain cases. 

Approved  March  6,  1889. 

Section  1 .     Whenever  at  any  election  all  the  votes  of  the  pous  to 
precinct  as  shown  by  the  registry  list,  shall  have  been  cast,  ^^^^®'  ^*^®^^- 
the  Inspectors  shall  immediately  close  the  polls  and  shall 
forthwith  begin  the  counting  of  the  ballots,  and  continue  the 
same  without  unnecessary  delay  until  the  count  is  completed. 


A71  Act  to  provide  for  the  transmission  of  ballots,  poll  books 
and  tally  lists  by  mail  in  certain  cases. 

Approved  March  6,  1889. 

Section  1 .  At  every  election  hereafter  to  be  held  in  this  Duties  of 
State,  in  precincts  which  are,  by  the  usually  traveled  route,  o?^Eiect?on. 
more  than  fifty  miles  distant  from  the  county-seat,  and  wherein 
less  than  fifty  voters  shall  be  registered  for  that  election,  the 
Inspectors  shall,  before  they  adjourn,  post  conspicuously  at  the 
polling  place  a  bulletin,  signed  by  each  of  them,  stating  the 
number  of  ballots  cast  for  each  candidate  and  for  and  against 
each  question  which  has  been  voted  upon. 

Sec.  2.     They  shall  also,  before  they  adjourn,  seal  the  bal-  Disposition 
lots  in  a  strong  envelope,  writing  across  the  back  thereof  the  pon  books 
words    "Ballots    (here   give   the    name)    Precinct"    and   also  j^j°^*^"y 
sign  the  names  thereon.     They  shall  then  place  the  envelope 
containing  the  ballots,  together  with  one  of   the  tally  lists 
and  one  of  the  poll  books,  in  a  sealed  package,  the  weight  of 
which,  including  the  wrapper  or  box,  must  be  less  than  the 
limit  of  weight  allowed  to  be  transmitted  by  mail.     They 
shall   then    address   the    same  to   the    proper   officer  at  the 
county-seat,  stating  in  writing  on  the  outside  of  the  package 
the  contents  thereof,  and  deliver  it  to  one  of  their  number,  to 


56 


AUSTRALIAN    BALLOT   IJ^W. 


Expenses, 
how  paid. 


Custody  of 
ballots. 


Custody  of 
ballot  box. 


be  chosen  by  lot,  who  shall  immediately,  without  opening  it 
or  permitting  it  to  be  opened,  deliver  it  to  the  nearest  Post- 
master and  pay  the  postage  thereon,  and  have  the  package 
registered. 

Sec.  3.  The  Inspector  who  delivers  the  package  shall  be 
paid  the  amount  expended  by  him  in  paying  the  postage  on 
the  package,  and  fifteen  cents  per  mile  for  going  to  and  fifteen 
cents  per  mile  for  returning  from  the  postoffice,  in  the  same 
manner  and  out  of  the  same  fund  as  other  election  expenses 
are  paid;  provided^  that  no  such  mileage  shall  be  paid  unless 
the  total  distance  necessarily  traveled  in  going  and  returning 
be  greater  than  two  miles. 

Sec.  4.  In  cases  where  this  Act  shall  apply,  the  ballots 
shall,  after  they  reach  the  county-seat,  be  kept  in  sealed  pack- 
ages by  the  proper  ofiicer,  instead  of  in  the  ballot  boxes. 

Sec.  5.  In  precincts  where  this  Act  shall  apply,  the  ballot 
box  may  remain  in  the  custody  of  the  Inspectors  until  the 
next  election,  when  it  shall  be  turned  over  to  the  Inspectors 
of  said  election,  and  in  such  cases  the  tally  lists,  poll  books 
and  other  books  and  papers  may  be  sent  in  sealed  packages 
by  registered  mail  to  one  of  the  Inspectors. 


Polling 
places, 
number  of 
voters  at. 


An  Act  relating  to  elections. 

Approved  March  6,  1889. 

Section  1.  The  several  Boards  of  County  Commissioners 
in  the  counties  of  this  State  in  providing  for  and  proclaiming 
election  precincts  shall  so  arrange  and  divide  the  voting  places 
in  their  respective  counties  so  that  no  greater  numV)er  than 
four  hundred  voters  shall  vote  in  one  precinct;  jyrovided^  that 
where  there  are  registered  over  four  hundred  and  less  than  four 
hundred  and  eighty,  then  one  polling  place  shall  be  sufficient 
for  said  precinct. 


AUSTRALIAN  BALLOT  LAW. 


An  Act  relating  to  elections  and  to  more  fully  secure  the 
secrecy  of  the  ballot. 

Approved  March  13, 1891. 

Section  1.  All  ballots  cast  in  elections  for  public  officers 
Ballots,  how  within  this  State  shall  be  printed  and  distributed  at  public 
expense,  as  hereinafter  provided.  The  printing  of  general 
tickets  and  cards  of  instruction  for  the  electors  of  each  county, 
and  the  delivery  of  the  same  to  the  election  officers,  as  pro- 
vided for  in  this  Act,  shall  be  a  county  charge,  the  payment  of 
which  shall  l)e  provided  for  in  the  same  manner  as  the  pay- 
ment of  other  county  expenses,  and  in  case  of  separate  elec- 
tions for  city,  town  or  district  officers,  the  printing  and  delivery 


provided. 


AUSTRALIAN    BALLOT    LAW.  57 

of  tickets  and  cards  of  instruction  shall  be  a  charge  upon  the  Expenses  of 
city,  town  or  district  in  which  said  tickets  and  cards  are  to  be  paid!'^"  ^^^ 
used,  the  payment  of  whi(di  shall  be  provided  for  in  the  same- 
manner   as    the    payment  of   other    city,  county   or    district 
expenses. 

Sec.  2.     Any  convention  as  hereinafter  defined,  held  for  the  Nnmiua- 
purpose  of  making  nominations  for  public  office,  and  also  elect-  made.^°^ 
ors  to  the  numl^er  hereinafter  specified,  may  nominate  candi- 
dates for  pu])lic  offices,  to  })e  filled  by  election  withi'.i  the  State. 
A  convention  within  the  meaning  of  this  Act  is  an  organized  Convention 
asseml)lage  of  delegates  representing  a  political  party,  which, 
at  the  last  election,  before  the  holding  of  such  convention, 
polled  at  least  three  per  cent  of  the  entire  vote  cast  in  the 
State,  county,  district  or  other  political  division,  for  which  the 
nomination  is  made. 

Sec.  8.     All  nominations  made  by  any  such  convention  shall  Nomina- 
l)e  certified  as  follows:    The  certificate  of  nomination,  which  cerUfied.^ 
must  be  in  writing,  shall  contain  the  name  of  each  person 
nominated,  his  residence  and  the  office  for  which  he  is  nomi- 
nated, and  shall  designate  the  party  or  principle  which  such 
convention  represents.     It  shall  be  signed  l)y  the  Chairman 
and  Secretary  of  such  convention,  who  shall  add  to  their  sig- 
natures their  respective  places  of  residence,  and  make  oath 
before  an  officer  authorized  to  administer  the  same,  that  the  Certificate 
matters  stated  in  such  certificate  are  true  to  the  best  of  their  ' 
knowledge  and  belief,  and  a  certificate  of  the  said  oath  shall 
be  annexed  to  said  certificate  of  nomination. 

Sec.  4.     A  candidate  for  pul)lic  office  may  be  nominated  How  other 
otherwise  than  by  a  convention  in  the  manner  following:    A  tionsmay 
certificate  of  nomination  containing  the  name  of  the  candi-  ^®  "^ade. 
date  to  be  nominated,  with  the  other  information  required  to  independent 
be  given  in  the  certificate  provided   for  in  section  three  of  [io™s.°how 
this  Act,  shall  be  signed  by  electors  residing  within  the  dis-  certified  and 
trict  or  political   division    for  which    candidates   are   to    be 
presented  equal  in  number  to  at  least  ten  per  cent  of  the 
entire  vote  cast  at  the  lasf  preceding  election  in  the  State, 
district  or  political  division  for  which  the   nomination  is  to 
be  made;   provided,  that  such   certificate  shall  not   be  valid 
unless  signed   l)y  five  voters.     Said   signatures  need   not  all 
be  appended  to  one  paper,  but  each  signer  shall  add  to  his 
signature  his  place  of  residence.     One  of  the  signers  of  each 
such  certificate  shall  swear  that  the  statements  therein  made 
are  true,  to  the  best  of  his  knowledge  and  belief,  and  a  cer- 
tificate of  such  oath  shall  be  annexed.     Such  certificate  of 
nomination  shall  have  the  same  effect  as  the  certificate  of 
nondnation  made  by  a  party  convention.     As  amended,  March 
6,  1893. 

Sec.  5.     Certificates  of  nomination  of  candidates  for  offices  certificates 
to  be  voted  for  by  the  electors  of  the  entire  State  shall   be  Son^to  b? 
filed  with  the  Secretary  of  State.     Certificates  of  nomination  filed,  where, 
of  candidates  for  all  other  public  offices  shall   be  filed  with 


58 


AUSTRALIAN    BALLOT   LAW. 


Certificates 
of  nomina- 
tion to 
embrace 
what. 


Who  may 
join  in 
making 
nomina- 
tions. 


Certificate  of 
nomination, 
when  and 
where  filed. 


Duties  of 
Secretary 
of  State. 


Duties  of 

County 

Clerks. 


the  Clerks  of  the  respective  counties  wherein  the  officers  are 
to  be  voted  for,  and  where  a  district  embraces  more  than  one 
county,  such  certificate  shall  be  filed  with  the  Clerk  of  each 
of  said  counties. 

Sec.  6.  No  certificate  of  nomination  shall  contain  the  name 
of  more  than  one  candidate  for  each  office  to  be  filled.  No 
person  shall  join  in  nominating,  under  the  provisions  of  sec- 
tion four  of  this  Act,  more  than  one  nominee  for  each  office 
to  be  filled,  and  no  person  who  has  voted  in  a  convention, 
either  in  person  or  by  proxy,  for  or  against  a  candidate  for 
any  office,  shall  join  in  nominating,  in  any  manner,  any  other 
nominee  for  that  office,  and  no  person  shall  accept  a  nomina- 
tion to  more  than  one  office. 

Sec.  7.  Certificates  of  nomination  required  to  be  filed  with 
the  Secretary  of  State  shall  be  filed  not  more  than  sixty  days 
nor  less  than  fiftj^  days  before  the  day  of  election,  when  the 
nomination  is  made  by  a  convention,  and  not  more  than 
sixty  days  and  not  less  than  forty-five  days  before  the  day  of 
election  when  the  nomination  is  made  under  the  provisions 
of  section  four  of  this  Act.  Certificates  of  nomination 
required  to  be  filed  with  the  County  Clerks  shall  be  filed  not 
more  than  fifty  days  nor  less  than  forty  days  before  the  day 
of  election,  when  the  nomination  is  made  bj^  a  convention, 
and  not  more  than  fifty  days  nor  less  than  thirty  days  before 
the  day  of  election  when  the  nomination  is  made  under  the 
provisions  of  section  four  of  this  Act.  Should  a  vacancy 
occur,  from  any  cause,  in  the  list  of  nominees  for  any  office, 
such  vacancy  may  be  filled  at  any  time  before  the  day  of 
election  by  the  convention;  or  by  a  committee  to  which  the 
convention  has  delegated  power  to  fill  such  vacancies,  or  by 
petitioners,  as  provided  in  section  four  of  this  Act.  The 
Chairman  and  Secretary  of  such  convention,  or  of  such  com- 
mittee, or  such  petitioners,  shall  make  out  and  file  with  the 
proper  officer  a  certificate,  setting  forth  the  name  of  the  per- 
son nominated  to  fill  such  vacancy,  the  office  for  which  he  is 
nominated,  the  name  of  the  persoil  for  whom  the  new  nominee 
is  to  be  substituted,  and  such  further  information  as  is  required 
to  be  given  in  an  original  certificate  of  nomination.  When 
such  certificate  is  filed,  the  officer  with  whom  it  is  filed  shall 
substitute  the  name  of  the  person  therein  for  the  original  nom- 
inee by  printing,  if  practicable,  or  by  writing  the  name  of  the 
person  there  substituted.    As  amended,  March  6,  1893. 

Sec.  8.  Not  less  than  thirty-five  days  before  an  election  to 
fill  any  public  office,  the  Secretary  of  State  shall  certify  to  the 
County  Clerk  of  each  county  within  this  State  the  name  of 
each  person,  and  the  name  of  the  office  for  which  he  is  nomi- 
nated, as  specified  in  the  certificate  of  nomination  filed  with 
him.     As  amended,  March  6,  1893. 

Sec.  9.  Not  less  than  ten  days  before  an  election  to  fill  any 
public  office  or  offices,  the  County  Clerk  shall  cause  to  be  pub- 
lished all  the  nominations  certified  to  or  filed  with  him.    Said 


AUSTRALIAN   BALLOT   LAW.  59 

nominations  shall  be  published  in  a  newspaper  printed  within  Nomina- 
the  county.  When  no  neAvspaper  is  printed  within  the  county,  pubfishedL 
the  publication  shall  be  made  by  posting  a  copy  of  the  ballot 
in  a  public  place  in  each  election  precinct  Avithin  the  county, 
one  of  which  copies  shall  be  posted  at  the  court  house  door. 
When  publication  is  made  l)y  jirinting  in  newspapers,  at  least 
two  publications  by  such  newspaper  shall  be  required,  one  of 
which  shall  appear  in  the  last  regular  issue  of  such  paper  before 
election  day. 

Spx.  10.     When  any  proposed  constitution,  constitutional  secretary  of 
amendment  or  other  question  is  to  l^e  submitted  to  the  popu-  certify  con- 
lar  vote,  the  Secretary  of  State  shall,  within  ninety  days  before  Imendment 
the  election  at  Avhich  such  constitution,  constitutional  amend-  J^jJJ^g"*^ 
ment  or  question  is  to  ])e  voted  upon,  certify  the  same  to  each 
County  Clerk   of  this  State,  sending  to  each  of  said  Clerks 
enough    copies  of   such    constitution,   constitutional    amend- 
ments or  other  questions  to  supply  each  Inspector  of  Election 
and  enough  additional  copies  to  carry  out  the  provisions  of 
this  Act.     And  it  is  hereby  made  the  duty  of  the  County 
Clerks  of  each  county  to  have  posted,  ten  days  before  the  elec- 
tion, in  each  election  precinct,  three  copies  of  said  constitution, 
constitutional  amendments  or  other  questions  to  })e  voted  on, 
one  of  which  copies  shall  be  posted  at  the  place  of  holding  the 
polls.     If  there  is  a  ncAVspaper  published  in  the  county,  the 
County  Clerk  shall  cause  to  be  published  said  constitution,  couutycierk 
constitutional   amendment  or   other  questions  therein  three  noJS"e''^'Jjen 
times ;   one  publication  thereof  shall  be  at  least  thirty  days  and  how. 
before  election;   another  not  less  than  tAventy  days,  and  the 
other  not  more  than  ten  days  before  said  election.     Any  Secre- 
tary of  State  or  County  Clerk  of  this  State  Avho  shall  fail  to 
comply  with  the  provisions  of  this  Act  shall  be  deemed  guilty  Misde- 
of  a  misdemeanor,  and  on  conviction  shall  be  fined  in  a  sum  meanor. 
not  less  than  $100,  nor  more  tlian  $500.     As  amended,  March  Pi^nishment. 
17,  1903. 

Sec.  11.    It  shall  ])e  the  duty  of  the  County  Clerk  to  pro-  Duties  of 
vide  printed   ballots  for  every  election  for  public  offices,  in  STe^aUorf^^ 
Avhich  any  voters  Avithin  the  county  participate,  and  to  cause  to  ballots, 
to  be  printed  in  the  ballot  i)rescribed  herein,  the  name  of 
each  and  every  candidate  Avhose  name  has  been  certified  to, 
or  filed  with  him,  as  provided  in  this  Act.     Ballots,  other 
than  those  printed,  as  provided  in  this  Act,  shall  not  be  cast, 
or  counted,  in  any  election.     All  ballots  shall  be  printed  on 
tinted   paper,  furnished  by  the  Secretary  of  State.     It  shall 
be  the  duty  of  the  Secretary  of  State  to  obtain  and  keep  on  Duties  of 
hand  a  sufficient  supply  of  such  paper  for  ballots,  and  to  fur-  ftatTin^^  °^ 
nish  the  same  in  quantities  ordered  to  any  County  Clerk,  relation  to 
Said  paper  shall  be  watermarked  with  a  design  furnished  by 
the  Secretary  of  State,  in  such  manner  that  the  said  water- Ballot  paper 
mark    shall    be  plainly  discernible  on    the   outside   of   such  ^^s<^"^^^- 
])allot  when  properly  folded.     Such  design  shall  be  changed 
for  each  general  election,  and  the  same  design  shall  not  be 


60 


AUSTRALIAN    BALLOT   LAW. 


Use  of 
design  on 
ballot  paper. 


Ballot,  how 
printed, 
numbered 
and  ruled. 


Names  on 
ballot,  how 
printed. 


Other 
questions 
than  the 
election 
of  oflBcers. 


Number  of 
ballots  and 
how  bound. 


Number  of 
ballots  per 
registered 
voter. 


used  again  at  any  general  election  within  the  space  of  eight 
years,  but  at  any  special  or  separate  local  election  paper 
marked  with  the  design  used  at  any  previous  election  may 
be  used. 

Sec.  12.  On  each  ballot  a  perforated  line  shall  extend 
from  top  to  bottom,  one-half  inch  from  the  right-hand  side  of 
such  ballot,  and  upon  the  half -inch  strip  thus  formed  there 
shall  be  no  writing  or  printing,  except  the  number  of  the 
ballot,  which  shall  be  upon  the  back  of  the  strip  in  such 
position  that  it  shall  appear  on  the  outside  when  the  ballot 
is  folded.  The  number  on  each  ballot  shall  be  the  same  as 
that  on  the  corresponding  stub,  and  the  ballots  and  stubs 
shall  be  numbered  consecutively  in  each  county.  Where  the 
names  of  candidates  are  printed  in  separate  columns,  the 
columns  shall  be  separated  by  heavy  rules,  and  on  all  ballots 
the  names  of  candidates  shall  be  separated  by  a  rule  extend- 
ing to  the  extreme  right  of  the  column.  All  ballots  shall 
contain  the  name  of  each  and  every  candidate  whose  nomi- 
nation for  any  office  specified  in  the  ballot  has  been  certified 
to  and  filed  according  to  the  provisions  of  this  Act,  and  no 
other  name.  The  names  of  the  candidates  for  each  office  shall 
be  arranged  under  the  designation  of  the  office  in  alphabetical 
order,  according  to  the  surname,  except  that  the  name  of 
candidates  for  Presidential  Electors  shall  be  arranged  in 
groups  as  presented  in  the  several  certificates  of  nomination, 
and  the  names  of  the  candidates  for  President  and  Vice- 
President  shall  precede  the  proper  groups  of  Presidential 
Electors;  the  political  designation  of  each  candidate  shall  be 
printed  opposite  his  name.  There  shall  be  left  at  the  end  of 
the  list  of  candidates  for  each  office  one  blank  space  to  be 
used  when  substituting  names  to  fill  vacancies.  There  shall 
be  a  margin  at  the  right-hand  side  of  the  names  at  least  one- 
half  inch  wide,  so  that  the  voter  may  clearly  indicate  in  the 
way  hereinafter  described  the  candidate  or  candidates  for 
whom  he  wishes  to  vote.  Whenever  any  question  is  to  be 
submitted  to  the  vote  of  the  people,  it  shall  be  printed  upon 
the  ballot  in  such  manner  as  to  enable  the  electors  to  vote 
upon  the  question  in  the  manner  hereinafter  provided.  There 
shall  be  printed  on  the  ballots  opposite  the  designation  of 
each  office  such  words  as  will  aid  the  voter  to  indicate  his 
choice  of  candidates,  such  as  "vote  for  one"  "vote  for  three" 
and  the  like. 

Sec.  13.  All  ballots  when  printed  shall  be  bound  in  stub 
books  of  five,  ten,  twenty-five,  fifty  and  one  hundred  ballots 
each.  A  record  of  the  number  of  ballots  printed  for  them 
shall  be  kept  by  the  respective  County  Clerks.  As  amended, 
Stcits.  1899,  ]}.  100. 

Sec.  14.  The  County  Clerks  shall  provide  for  each  election 
precinct  in  the  county  at  least  two  ballots  for  each  voter  regis- 
tered therein,  and  not  more  than  five  ballots  in  excess  thereof. 
As  amended,  Stats.  1899,  'p.  100. 


AUSTRALIAN    BALLOT   LAW.  61 

Sec.  15.     Whenever  it  shall  appear,  b^^  affidavit,  that  an  Duties  of 
error  or  omission  has  occurred  in  the  publication  of  the  name  mlSoners™ 
or  description  of  any  of  the  candidates  nominated,  or  in  the 
printing  of  the  ballots,  any  member  of  the  Board  of  County 
Commissioners,  upon  application  by  any  voter,  shall  issue  an 
order  requiring  the  County  Clerk  to  correct  such  error. 

Sec.  16.     Before  the  opening  of  the  polls,  at  any  election,  Duties  of 
the  County  Clerk  shall  cause  to  be  delivered' to  the  Board  of  cSk? 
Election  of  each   election   precinct  in  his  county  the  proper 
number  of  tickets  of  the  kind  to  be  used  in  the  election  pre- 
cinct.    In  case  of  prevention  of  an  election  in  any  precinct  by 
reason  of  the  loss  or  destruction  of  the  ballots  intended  for 
that  precinct,  or  for  any  other  cause,  the  Inspector  or  other 
election  officer  for  the  precinct  shall  make  an  affidavit  setting 
forth  the  fact  and  transmit  it  to  the  Governor  of  the  State. 
Upon  receipt  of  such  affidavit,  and  upon  the  application  of  any  Duties  of 
candidate  for  any  office  to  be  voted  for  by  the  voters  of  such  ^gl  oT^'^  °" 
precinct,  the  Governor  shall  order  a  new   election   in   such  ^f  ^aUo^s"" 
precinct. 

Sec.  17.     At  the  same  time  and  in  the  same  manner  as  Duties  of 
Inspectors  and  Judges  of  Election  are  now  appointed  in  the  Eiectfon^ 
State,  there  shall  be  appointed  two  Clerks  of  Election,  who 
shall  have  charge  of  the  ballots  on  election  day,  and  shall  fur- 
nish them  to  the  voters  in  the  manner  hereinafter  provided 
for.     Said  Clerks  of  Election  shall  possess  the  same  qualifica- 
tions and  receive  the  same  compensation  as  Inspectors  of  Elec- 
tion.    Said  Clerks  shall  be  selected  from  the  political  parties  cierks,  how 
which  polled  the  largest  and  the  next  largest  votes  in  the  pre-  s*^^^^*^^- 
cinct  at  the  last  preceding  general  election . 

Sec.  18.     The  Board  of  Countj^  Commissioners  shall  pro- Duties  of 
vide,  at  each  polling  place  within  the  county,  a  sufficient  li^oners."™ 
number  of  places,  booths  or  compartments,  in  which  voters  Booths  to  be 
may  conveniently  mark  their  ballots,  so  that  in  the  marking  p''^^'*^^^- 
thereof  they  may  be  screened  from  the  observation  of  others,  Booths  and 
and  a  guard  rail  shall  be  so  placed  that  only  such  persons  as  {^(fci^ed.'^^ 
are  inside  said  rail  can  approach  within  six  feet  of  the  ballot 
box  and  of  such  booths  or  compartments.     The  arrangeriients 
shall  be  such  that  neither  the  ballot  box  nor  the  l)Ooths  or 
compartments  shall  be  hidden  from  the  view  of  those  just  out- 
side the  guard  rail.     The  number  of  such  booths  or  compart- 
ments shall  not  })e  less  than  one  for  each  fifty  or  fraction  of 
fifty  voters  registered  in  the  precinct.     Each  of  said  booths  or 
compartments  shall  be  kept  provided  with  proper  supplies  and 
conveniences    for  marking    ballots.     No    person,    other  than 
voters  engaged  in  receiving,  preparing  or  depositing  their  bal- 
lots, shall  be  permitted  inside  said  guard  rail  during  the  time 
the  polls  are  open,  except  by  authority  of  the  Board  of  Elec- 
tion, and  in  that  case  onlj^  for  the  purpose  of  keeping  order 
and  enforcing  the  law. 

Sec.  19.     Any  i^erson  desiring  to  vote  shall  give  his  name  How  to  vote 
and  address  to  one  of  the  Clerks  of  Election,  who  shall  announce 


62 


AUSTRALIAN   BALLOT   LAW. 


Ballot,  how 
prepared. 


Consti- 
tutional 
amendment. 


Marking 
done  with 
stamp. 


Voter  to 
deliver 
ballot,  stamp 
and  ink  to 
Inspector. 


"Voted. 


Strip  and 
number. 


Ten  minutes 
to  prepare 
ballot. 


Spoiled 
ballot,  how 
treated. 


Duties  of 
Clerks  of 
Election. 


the  same,  and  if  the  other  Clerks  shall  find  the  name  upon  the 
registry  list,  he  shall  repeat  the  name  and  address.  One  bal- 
lot shall  then  be  given  to  the  voter,  and  the  number  of  the 
said  ballot  shall  be  written  by  one  of  the  Clerks  of  Election 
upon  the  registry  list  opposite  the  name  of  the  voter  receiving  it. 

Sec.  20.  On  receiving  his  ballot  the  voter  shall  immedi- 
ately retire  alone  to  one  of  the  places,  booths  or  compartments. 
He  shall  prepare  his  ballot  by  stamping  a  cross  or  X  in  the 
square,  and  in  no  other  place,  after  the  name  of  the  person  for 
whom  he  intends  to  vote  for  each  office.  In  case  of  a  consti- 
tutional amendment  or  other  question  submitted  to  the  voters, 
the  cross  or  X  shall  be  placed  after  the  answer  which  he 
desires  to  give.  Such  stamping  shall  be  done  only  with  a 
stamp  in  black  ink,  which  stamp,  ink  and  ink  pad  shall  be 
furnished  in  sufficient  number  by  the  County  Clerk  for  each 
election  precinct  in  the  county.  Before  leaving  the  booth  or 
compartment  the  voter  shall  fold  his  ballot  in  such  manner 
that  the  Avater-mark  and  the  number  of  the  ballot  shall  appear 
on  the  outside,  without  exposing  the  stamps  upon  the  ballot, 
and  shall  keep  it  so  folded  until  he  has  voted.  Having  folded 
his  ballot,  the  voter  shall  deliver  it  with  the  stamp,  ink  and 
ink  pad  to  the  Inspector,  who  shall  announce  the  name  of  the 
voter  and  the  number  of  his  ballot.  The  Clerk  having  the 
registry  list  in  charge,  if  he  finds  the  number  to  agree  with 
the  number  of  the  ballot  delivered  to  the  voter,  shall  repeat 
the  name  and  number,  and  shall  mark  opposite  the  name,  the 
word  "voted."  The  Inspector  shall  then  separate  the  strip 
bearing  the  number  from  the  ballot,  and  shall  deposit  the  bal- 
lot in  the  ballot  box.  Said  strip  and  number  shall  be  imme- 
diately destroyed.     As  amended,  Stats.  1901,  p.  112. 

Sec.  21.  But  one  person  shall  occupy  any  one  booth  or 
compartment  at  one  time,  and  no  person  shall  remain  in  a 
booth  or  compartment  longer  than  may  be  necessary  to  pre- 
pare his  ballot,  and  in  no  case  longer  than  ten  minutes.  As 
amended,  March  6,  1893. 

Sec.  22.  Any  voter  who  shall  accidentally  spoil  a  ballot  may 
return  such  spoiled  })allot  to  the  Clerk  of  Election,  and  receive 
another  one  in  its  place.  All  the  ballots  thus  returned  shall 
be  immediately  canceled  by  writing  the  word  "canceled"  across 
the  face  of  the  ballot,  and,  with  those  not  distributed  to  the 
voters,  shall  be  returned  with  the  election  returns.  A  voter 
who  does  not  vote  the  ballot  delivered  to  him  shall,  before 
leaving  the  space  inside  the  guard  rail,  return  such  ballot  to 
the  Clerks,  who  shall  immediately  cancel  the  same  and  return 
it  in  the  same  manner  as  a  spoiled  ballot.  The  Clerks  of 
Election  shall  account  for  the  ballots  delivered  to  them,  by 
returning  a  sufficient  number  of  unused  and  spoiled  l)allots  to 
make  up,  when  added  to  the  number  of  official  ballots  cast, 
the  number  of  ballots  delivered  to  them. 

Sec  23.  A  voter  who  declares  under  oath,  that  by  reason 
of  physical  disability,  he  is  unable  to  mark  his  ballot,  shall, 


AUSTRALIAN    BALLOT   LAW.  63 

at  his  request,  l)e  permitted  to  receive  the  assistance,  in  such  wiiomaybe 
marking,  of  any  elector,  other  than  an  election  officer,  but  no  ^^^^^^^^ 
person  shall  be  permitted  to  go  inside  the  guard  rail  as  an 
assistant  to  more  than  one  voter. 

Sec.  24.     No  ballots  shall  be  deposited  in  the  ballot   box  Kind  of 
unless    the    water-mark,   as    hereinbefore    provided,    appears  dSosfted.^^ 
thereon,  and  unless  the  slip  containing  the  number  of  the 
ballot  has  been  removed  therefrom  by  the  Inspector. 

Sec.  25.     The  County  Clerk  shall  cause  to  be  printed  on  sample 
plain  white  paper,  without  water-mark  or  endorsement,  except  ^^''^*- 
the  words  "sample  ballot"  at  least  as  many  copies  of  the  form 
of  ballot  provided  for  use  in  each  precinct  as  there  shall  be 
registered  voters  in  any  election  precinct.     And  »said  County  • 
Clerk  shall  furnish  to  each  Board  of  Election,  as  many  sample 
ballots  as  there  shall  be  registered  voters  in  said  precinct,  and 
on  election  day,  the  Board  of  Election  shall  furnish  each  voter 
on  application  one  such  sample  ballot.     Said  County  Clerk  shall  instructions 
also  cause  to  be  printed  in  plain  type  on  cards,  instructions 
for  the  guidance  of  voters  for  obtaining  and   marking  their 
l)allots.     He  shall  furnish  twelve  such  cards  to  the  Boards  of 
Election  of  each  election  precinct  in  the  county,  at  the  time 
and  in  the  manner  that  ballots  and  sample  ballots  are  fur- 
nished .     The  Board  of  Election  shall  post  at  least  one  of  such  to  be  posted, 
cards  in  each  booth  provided  for  the  preparation  of  ballots, 
and  not  less  than  three  of  such  cards  at  other  public  places  in 
and  about  the  polling  places  on  the  day  of  election.     There 
shall  be  printed  on  such  cards  sections  twenty-seven,  twenty- 
eight,  twenty-nine,  and  thirty  of  this  Act.     As  amended,  Stats. 
189 f),  p.  100. 

Sec.  26.     In  counting  the  ballots  any  ballot   not   bearing  Kind  of 
the  water-mark,  as  provided  in  this  Act,  shall  not  be  counted,  counted^  ^^ 
but   such   ballot    must  be  preserved  and   returned  with  the 
other  ballots.     When  a  voter  marks  more  names  than  there 
are  persons  to  be  elected  to  an  office,  or  if  for  any  reason  it  is 
impossible  to  determine  the  voter's  choice  for  any  office,  his 
vote  for  such  office  shall  not  be  counted.     Any  ballot  upon  Kind  of 
which   appears   names,  words  or  marks,  written  or  printed,  rejected^ ^^ 
except  as  in  this  Act  provided,  shall  not  be  counted. 

Sec.  27.     Any  person  who  shall  falsely  make  or  fraudulently  counterfeit- 
deface  or  destroy  any  certificate  of  nomination  or  any  part  plfpe?a^* 
thereof,  or  file  any  certificate  of  nomination  knowing  the  same  felony, 
or  any  part  thereof  to  be  false,  or  suppress  any  certificate  of 
nomination  which  has  been  duly  filed,  or  any  part  thereof,  or 
make  use  of,  keep  or  furnish  to  others,  except  as  in  this  Act 
provided,  any  paper  water-marked  in  imitation  of  ballot  paper, 
or  disclose  to  any  person  not  engaged  in  the  making,  printing  several  acts 
or  distribution  of  ballots  or  ballot  paper  under  the  direction  of  oneCay\o 
the  proper  officer,  the  design  of  the  water-mark  to  be  placed  punished, 
on  the  ballot  paper,  or  print  or  be  concerned  in  printing,  or 
have  in  his  possession  any  imitation  of  an  official  ballot,  or 
make   'Auy  mark  or  endorsement  on  any  ballot  or  stub,  by 


64  AUSTRALIAN   BALLOT   LAW. 

which  the  ballot  can  be  distinguished  from  other  ballots,  or 
falsely  swear  that  he  is  unable  to  mark  his  ballot  by  reason  of 
physical  disability,  shall  be  deemed  guilty  of  a  felony,  and, 
upon  conviction  thereof,  shall  be  imprisoned  in  the  State 
Prison  for  a  term  not  less  than  one  year,  and  not  more  than 
five  years. 

Sec.  28.     Any  person  who  shall,  during  an  election,  remove 

me^anorto      ^^^  destroy  any  of  the  supplies  or  other  conveniences  placed  in 

interfere        the    bootlis  or  compartments,  or  shall,  during   an   election, 

supplies^  *°"  remove,  tear  down  or  deface  the  cards  of  instruction  posted, 

as  prescribed  by  this  Act,  shall  be  guilty  of  a  misdemeanor, 

and,  on  conviction  thereof,  shall  be  punished  by  a  fine  not  less 

than  fifty  dollars  and  not  exceeding  five  hundred  dollars,  or 

by  imprisonment  in  the  county  jail  for  a  term  not  leas  than 

one  month  and  not  exceeding  six  months. 

Sec.  29.     Any  public  officer  upon  whom  any  duty  is  imposed 
pubHcf*  ^^      by 'this  Act,  who  shall  wilfully  neglect  or  refuse  to  perform  any 
officer,  how    such  duty,  shall  be  deemed  guilty  of  a  felony,  and,  upon  con- 
viction thereof,  shall  be  imprisoned  in  the  State  Prison  for  n 
term  not  less  than  one  year  and  not  exceeding  five  years. 
Sec.  30.     No  person  except  a  member  of  the  Board  of  Elec- 
inSrdictions  ^^^^  shall  receive  from  any  voter  a  ballot  prepared  by  such 
under  voter.     No  person  shall  examine  such  ballot  or  solicit  a  voter 

penalty.  ^^  show  the  Same.  No  person  shall  remove  any  l)allot  from 
any  polling  place  before  the  closing  of  the  polls.  No  person 
shall  apply  for  or  receive  a  ballot  at  any  election  precinct 
other  than  the  one  on  w^hich  he  is  entitled  to  vote.  No  person 
shall  show  his  ballot  to  any  person,  after  marking  it,  so  as 
to  reveal  any  of  the  names  voted  for.  No  person  shall  ask 
another  within  one  hundred  feet  of  the  polling  place  for 
whom  he  intends  to  vote.  No  voter  shall  receive  a  ballot 
from  any  other  person  than  one  of  the  Clerks  of  Election, 
nor  shall  any  other  person  than  a  Clerk  of  Election  deliver 
such  ballot  to  such  voter.  No  voter  shall  deliver  to  the  Board 
of  Election  or  to  any  member  thereof  any  ballot  other  than 
the  one  received  from  a  Clerk  of  Election.  No  voter  shall 
place  any  mark  upon  his  ballot  by  which  it  may  afterw^ards  be 
identified  as  the  one  voted  by  him.  Any  person  violating  any 
provision  of  this  section  shall  be  deemed  guilty  of  a  misde- 
meanor, and,  upon  conviction  thereof,  shall  be  fined  in  a  sum 
not  less  than  fifty  dollars  and  not  exceeding  five  hundred  dol- 
lars, or  by  imprisonment  in  the  county  jail  for  a  term  not  less 
than  one  month  and  not  exceeding  six  months. 


An  Act  relating  to  elections  and  to  more  fully  secure  the 
secrecy  of  the  ballot. 

Approved  March  6,  1893. 

Section  1.     Amends  section  four  of  Act  approved  March  13. 
1891. 


GENERAL   ELECTION.  65 

Sec.  2.     Amends  section  seven  of  Act  approved  March  18, 
1891. 

Sec.  3.     Amends  section  eight  of  Act  approved  March  13, 
1891. 

Sec.  4.     The  County  Clerks  of  the  several  counties  of  this  county 
State  shall  supervise  the  printing  of  the  hallots,  and  such  bal-  hiv^baUots 
lots  shall  be  printed  at  some  newspaper  or  printing  office  in  printed  at 
the  county  where  the  ballots  are  to  be  voted,  and  in  case  there  or  prSSfnl 
ia  no  newspaper  or  printing  office  in  the  county  in  which  the  cSmty!^*^^" 
work  can    be  done,  then   said    Clerk   is    hereby  authorized, 
empowered  and  directed  to  have  said  printing  done  in  any  when 
newspaper  or  printing  office  in  the  State ;  'iwovided,  that  the  "^^^^^  qj 
cost  of  printing  said  ballots  shall  not  exceed  the  sum  of  fifty  county, 
dollars  per  thousand.     .4.^  amended,  March  /4,  1S99. 


An  Act  supplementary  to  an  Act  entitled  "Aw  Act  relating  to 
elections  and  to  more  fully  secure  the  secrecy  of  the  ballot" 
approved  March  13,  1891. 

Approved  March  18,  1901. 

Section  1.       Before  the  close  or  final  adjournment  of  any  Relating  to 
Board  of  Election  in  any  voting  precinct   in   tliis  State,  the  |oard°° 
Inspectors  shall  canvass  and  count  any  and  all  ballots  rejected 
by  them,  on  a  separate  tally  sheet,  in  the  same  manner  as  legal  ?®/ff  ^** 
ballots  are  now  canvassed  and  counted,  and  transmit  said  sheet  counted  on 
to  the  Board  of  County  Commissioners  in  the  ballot  box,  with  ttn^Thlet. 
the  other  papers  and  documents,  and  the  result  of  the  vote 
cast  for  any  and  all  candidates,  and  on  any  and  all  questions 
submitted,  so  far  as  can  l)e  determined,  shall  ])e  posted  imme-  To  be 
diately  thereafter  in  some  conspicuous  place  on  the  building  p°^*^^- 
in  which  the  election  is  held,  a  duplicate  copy  of  which  shall 
be  placed  in  the  Imllot  box  with  the  other  election  returns  and 
papers,  to  the  Board  of  County  Commissioners,  and  the  County 
Clerk  shall  keep  a  record  of  the  same. 


An  Act  supplemental  to  an  Act  entitled  ^^  An  Act  relating  to 
elections  and  to  more  fully  secure  the  secrecy  of  the  ballot" 

Approved  March  19,  1901. 

Section  1 .     It  shall  be  unlawful  for  any  Clerk  or  Inspector  unlawful  for 
of  Election  to  place  any  mark  whatsoever  upon   any  ballot  p"  t^mark  *^ 
other  than  a  "spoiled"  ballot;    provided,  hotvever,  ihut  when  »pon ballot, 
such  Clerks  or  Inspectors  o^  Election  shall  reject  a  ballot  for 
any  alleged  defect  or  illegality,  it  shall  be  the  duty  of  such 


66 


SCHOOL   TRUSTEES   ELECTION. 


Certificate  Inspectors  of  Election  to  certify  over  their  signatures  upon  the 
rejected  back  of  each  and  every  l)allot  rejected  that  such  ballot  or  ballots 
ballot.  ^ygj.g  jj^  f^Q^  rejected  and  briefly  stating  their  reasons  therefor. 


SCHOOL  TRUSTEES  ELECTION. 


Election  in 
new  districts. 


Polls  kept 
open. 


Poll  and 
tally  lists. 


An  Act  to  provide  for  the  maintenance  and  supervision  of 
public  schools. 

Approved  March  9,  1887. 

Section  1.  (Relates  to  the  duties  of  County  Superintend- 
ents.) 

Sec.  2.     (Obsolete.) 

Sec.  3.  Within  thirty  days  after  the  formation  of  a  new 
district  an  election  must  be  held  for  Trustees.  Any  three 
electors  of  the  district  may  give  notice  of  it  in  the  same  man- 
ner as  notice  is  required  to  be  given  for  the  annual  election. 

Sec.  4.     (Obsolete.) 

Sec.  5.     (Obsolete.) 

Sec.  6.  In  districts  in  which  the  children  l)etween  six  and 
eighteen  years  of  age  exceed  four  hundred,  the  polls  must  be 
open  at  eight  o'clock  a.  m.,  and  kept  open  until  five  p.  m.  In 
other  districts  the  polls  must  not  be  open  before  nine  a.  m. 
nor  be  kept  open  less  than  four  hours. 

Sec.  7.     (Obsolete.) 

Sec.  8.     (Obsolete.) 

Sec.  9.     (Obsolete.) 

Sec.  10.  A  poll  and  tally  list  must  be  kept  and  returned 
to  the  Board  of  Trustees. 

Sec.  11.     (Obsolete.) 


An  Act  providing  for  the  date  of  election  of  School  Trustees, 
and  other  matters  properly  connected  therewith. 

statutes  1909,  p.  124. 

Note— This  Act  supersedes  and  repeals  Section  1  of  the  Act  approved 
March  16,  1897,  p.  100,  and  the  four  sections  are  therefore  substituted  for  the 
original  Section  1. 

Section  1 .     School  districts  having  fifteen  hundred  or  more 
School  school  children,  as  shown  by  the  last  preceding  school  census. 

Trustees.       shall   have   five    Trustees;    other   districts   shall   have   three 
Trustees. 

Sec.  2.  An  election  of  School  Trustees  shall  be  held  in 
each  school  district  of  the  State  on  the  first  Saturday  in  April, 
1910,  and  on  the  same  day  every  two  years  thereafter.  At 
such  elections,  three  Trustees  shall  be  elected  in  any  district 
having  fifteen  hundred  or  more  school  census  children,  as  shown 
by  the  last  preceding  census,  two  for  four  years  and  one  for 


SCHOOL   TRUSTEES   ELECTION.  67 

two  years ;   and  two  Trustees  shall  be  elected  in  every  other  Election 
district,  one  for  four  years  and  one  for  two  years.  °  ^*™^' 

Sec.  3.     In  any  school  district  having  for  the  first  time  fif-  Five 
teen  hundred  school  census  children,  as  determined  after  the  when.    ' 
election  of  Trustees  in  any  year,  there  shall  be  elected  at  the 
next  ensuing  School  Trustee  election  two  Trustees  for  four  jesiYs 
and  two  Trustees  for  two  years,  to  bring  such  district  to  the 
five-trustee  basis;  and  in  anj^  district  falling  below  such  num- 
ber, as  determined  after  a  School  Trustee  election,  there  shall  ^{J^lf^gg 
be  elected  at  the  next  ensuing  Trustee  election  one  Trustee  for  when, 
four  years,  to  l)ring  such  district  to  the  three-trustee  basis. 

Sec^.  4.     Trustees  elected  under  this  Act  shall  take  office  on  Terms  of 
the  first  Monday  in  May  following  their  election ;  'provided,  that  °^^®" 
the  Trustees  elected  in  1910  shall  take  office  on  the  first  Mon- 
day in  July,  1910,  those  elected  for  four  years  to  serve  until  the 
first  Monclay  in  May,  1914,  and  those  elected  for  two  years  to 
serve  until  the  first  Monday  in  May,  1912. 

[Section  2  is  superseded  by  ninth  paragraph  of  Section  2,  Statutes  1907, 
p.  380.  The  remaining  Sections  3  to  19,  inclusive,  are  from  original  Act 
approved  March  16,  1897,  p.  100.] 

Sec.  3.     All  Judges  and  Inspectors  of  Election,  and  such  Election 
other  officers  as  may  be  necessary,  shall  l^e  appointed  by  the  appSifted.  • 
School  Trustees  in  each  district.     If  the  Trustees  fail  to  appoint 
the  election  officers,  or  if  they  are  not  present  at  the  time  of 
opening  the  polls,  the  electors  present  may  appoint   them. 
All  such  officers  shall  serve  without  compensation. 

Sec.  4.     The  Election  Board  shall  issue  certificates  of  elec-  Certificates 
tion  to  those  receiving  the  greatest  number  of  votes  cast  in 
accordance  with  the  provisions  of  this  Act. 

Sec.  5.  Not  less  than  ten  days  before  the  election  held  be'^pofted! 
under  the  provisions  of  this  Act,  the  Trustees  in  each  district 
shall  post  notices  in  three  public  places  in  the  district,  which 
notice  shall  specify  that  there  wdll  be  an  election  held  at  the 
school  house  of  such  district,  and  the  hours  between  which  the 
polls  will  be  kept  open.  If  the  Trustees  of  any  district  shall 
have  failed  to  post  the  notices  as  required  by  this  section ,  then 
any  three  electors  of  the  district  may,  within  five  days  of  the 
day  of  election,  give  notice  of  such  election,  w^hich  notices  shall 
be  sufficient  for  the  election  required  by  this  Act,  and  in  such 
case  no  registration  shall  be  necessary,  but  all  the  other  pro- 
visions of  this  Act  shall  be  enforced. 

Sec.  6.  No  person  shall  be  allowed  to  vote  at  any  school  ^"n^for* 
election  unless  he  is  a  resident  of  the  district  and  his  name  voting, 
appears  upon  the  official  registry  list  of  the  voting  precinct  or 
precincts  including  the  district,  for  the  preceding  general  elec- 
tion ;  proinded,  that  any  citizen  of  the  United  States  who  shall 
have  resided  in  this  State  six  months,  and  in  the  school 
district  thirty  days  next  preceding  the  day  of  election,  and 
whose  name  is  not  upon  the  said  official  registry  list,  may 
apply  to  the  Clerk  of  the  Board  of  School  Trustees,  or  to  a 
person  authorized  by  the  Trustees  of   the  district  to  act  as 


68 


SCHOOL   TRUSTEES    ELECTION. 


Relating  to 
registration. 


Form  of 
oath. 


List  of 
voters. 


Lists  of 
voters  to  be 
prepared. 


Compensa- 
tion allowed. 


List 

delivered  to 
Inspectors  of 
Election. 


Voting  shall 
be  by  ballot. 


Registry  Agent,  not  more  than  eight  nor  less  than  five  days 
prior  to  the  day  of  election,  to  have  his  name  registered. 

Sec. '7.  It  shall  be  the  duty  of  the  Clerk  of  the  Board  of 
School  Trustees,  or  the  person  appointed  by  the  Board  of 
School  Trustees,  as  the  case  may  be,  to  register  anj^  qualified 
voter  of  the  school  district  who  may  apply  to  })e  registered 
under  the  provisions  of  the  preceding  section ;  jyrovlded,  that 
if  the  person  applying  to  be  registered  be  unknown  to  the 
Registry  Agent,  or  his  qualifications  for  voting  be  unknown, 
he  shall,  before  having  his  name  registered,  he  required  to 
subscribe  to  the  following  oath :  "  You  do  solemnly  swear  that 
you  are  a  citizen  of  the  United  States;  that  you  are  twenty- 
one  years  of  age;  that  3"0U  will  have  resided  in  the  State  six 
months  and  in  the  school  district  thirty  days  next  preceding 
the  day  of  the  school  election."  False  swearing  under  the  pro- 
visions of  this  section  shall  be  deemed  perjury,  and  punished 
as  now  provided  by  law. 

Sec.  8.  No  person  shall  be  entitled  to  vote  under  the  pro- 
visions, of  this  Act  except  he  l)e  registered  as  herein  provided. 
The  Board  of  School  Trustees  shall  prepare  or  cause  to  be 
prepared  a  list  of  the  names  of  all  persons  entitled  to  vote  at 
the  school  election  as  herein  provided,  which  said  list  shall 
be  completed  at  least  three  days  prior  to  the  day  of  election, 
and  shall  l>e  under  the  charge  of  the  Clerk  of  the  Board  of 
School  Trustees  and  subject  to  the  inspection  of  any  qualified 
voter  in  the  district. 

Sec.  9.  The  Board  of  School  Trustees  in  all  school  districts 
having  a  voting  population  of  fifty  or  more,  are  authorized  to 
employ  a  competent  person  to  prepare  said  list  of  qualified 
voters  and  to  pay  for  the  work  out  of  the  school  fund  of  the 
district,  in  [a]  manner  as  other  claims  against  the  district  are 
allowed  and  paid,  a  reasonable  sum,  not  exceeding  five  cents  a 
name  for  each  qualified  voter,  providing  that  the  total  amount 
to  be  allowed  shall  not  exceed  twenty  dollars.  The  list  so 
prepared  shall  be  sworn  to  by  the  person  making  the  same  as 
correct,  according  to  his  best  knowledge,  information  and  belief. 

Sec  .  10 .  The  list  of  qualified  voters ,  as  hereinbefore  descri])ed , 
shall  be  delivered  to  the  Inspectors  of  Election  prior  to  the 
time  of  opening  the  polls  on  the  day  of  election,  and  no  per- 
son shall  be  entitled  to  vote  at  the  election  whose  name  is  not 
on  said  list;  provided,  that  any  person  whose  name  is  left  off 
said  list  by  mistake,  design,  accident  or  otherwise,  may  have 
his  name  placed  thereon  ])y  the  Inspectors  of  Election  upon 
satisfactory  proofs  being  presented  of  his  having  previously 
l)een  registered  in  accordance  with  the  provisions  of  this  Act. 

Sec.  11.  The  voting  shall  be  by  ballot,  either  w^ritten  or 
printed,  and  when  two  or  more  Trustees  are  to  be  elected  for 
different  terms,  the  ballot  shall  designate  such  term  as  "long 
term"  and  "short  term"  respectively. 

Sec.  12.  In  all  school  districts  having  a  voting  population 
of  one  hundred  or  over,  the  Board  of  Scliool  Trustees  shall 


SCHOOL   TRUSTEES   ELECTION.  69 

have  printed  ballots  of  uniform  size  containing  the  names  in  Ballots, 
alphabetical  order,  of  all  persons  candidates  for  the  office  of  Siftain. 
School  Trustee.     There  shall  be  twice  as  many  ballots  printed 
as  there  are  voters  in  the  district,  and  no  ballots  other  than  Number  of 
those  furnished  by  the  Board  of  School  Trustees  shall  be  voted.  ^^^^°^s- 

Sec.  13,  A  person  desiring  to  vote  shall,  if  his  name  be  How  to  vote, 
upon  the  registry  list  as  herein  provided,  receive  from  the 
Board  of  Election  or  some  member  thereof,  and  from  no 
other  person,  a  l)allot  upon  which  he  shall  designate  his 
choice  for  Trustee  or  Trustees  to  be  elected  in  the  district,  by 
placing  a  cross  thus :  "  X "  opposite  and  to  the  right  of  the 
name  of  the  person  for  whom  he  intends  to  vote. 

Sec.  14.  There  shall  be  placed  upon  the  ballots,  in  addi- Fallot  can 
tion  to  the  names  of  the  candidates,  such  information  as  the 
Board  of  Trustees  may  deem  necessary  to  inform  the  voter 
how  to  mark  his  ballot,  such  as:  "Place  a  cross  thus:  'X,' 
opposite  and  to  the  right  of  the  name  of  the  candidate  for 
whom  you  wish  to  vote"  "vote  for  one"  "vote  for  two"  etc. 

Sec.  15.    No  person  other  than  the  Board  of  Election,  or  a  Allowed  at 
police  officer  in  the  discharge  of  his  duty,  shall  be  allowed  p°^^^- 
within  one  hundred  feet  of  the  polls,  except  when  actually 
engaged  in  voting  or  in  going  to  or  from  the  polls  for  the 
purpose  of  voting  or  of  challenging  the  vote  of  another,  and 
excepting  all  persons  in  attendance  upon  any  school  which 
may  be  in  session  in  the  building.     No  person  shall  show  his 
ballot  to  another  while  marking  it  or  after  marking  it  so  as  to 
disclose  for  whom  he  has  voted,  but  he  shall  as  soon  as  pos- 
sible after  marking  it  fold  it  so  as  the  marking  will  be  on  the 
inside,  and  return  it  to  the  Board  of  Election  to  be  counted. 
Wilful  violation  of  any  of  the  provisions  of  this  section  shall 
constitute  a  misdemeanor,  punishable   by  fine  not  exceeding  Misde- 
fifty  dollars  or  imprisonment  in  the  county  jail  not  exceeding  °^®^°or- 
twenty-five  days,  or  by  both  such  fine  and  imprisonment. 

Sec.  16.    No  person  shall  receive  assistance  in  marking  his  Assistance 
ballot  unless  physically  unable  to  mark  it,  and  then  only  by  ^*^'^^®^- 
permission  of  the  Board  of  Election.     A  voter  spoiling  his  bal- 
lot may  procure  another  by  delivering  the  spoiled   ballot  to 
the  Board  of  Election. 

Sec  17.  Any  registered  person  offering  to  vote  may  be  Challenge, 
challenged  by  any  elector  of  the  district,  and  the  Judges  of 
Election  must  thereupon  administer  to  the  person  challenged 
an  oath  in  substance  as  follows:  "You  do  swear  that  you  are 
a  citizen  of  the  United  States;  that  you  are  twenty-one  years 
of  age;  that  you  have  resided  in  this  State  six  months  and 
in  this  school  district  thirty  days  next  preceding  this  election, 
and  that  you  have  not  voted  before  this  day."  If  he  takes  the 
oath  prescribed  in  this  section  his  vote  shall  be  received,  oth- 
erwise his  vote  must  be  rejected.  Illegally  voting  under  the 
provisions  of  this  Act  shall  be  punished  the  same  as  the  law  Penalty, 
now  provides  for  punishing  offenses  of  this  character. 

Sec.  18.     In  school  districts  having  a  voting  population  of 


70  SCHOOL   BONDS   ELECTION. 

Relating  to  one  hundred  (100)  or  over,  candidates  for  the  office  of  School 
Schoo/^°  Trustees  shall,  not  later  than  five  days  before  the  day  of  elec- 
Trustees.  tion,  have  their  names  filed  with  the  County  Clerk  of  said 
county,  with  designation  of  the  term  of  office  for  which  they 
are  candidates,  and  no  names  shall  be  placed  upon  the  Imllots 
unless  filed  within  the  time  herein  pro^dded.  As  amended. 
Stats.  1901,  p.  5Jf.. 

Sec.  19.    The  Board  of  Election  shall  keep  a  poll  list  and 
fa^if  ^shle^s ^  tally  sheet,  which,  together  with  the  registry  list  and  all  bal- 
lots cast,  shall  be  delivered  to  the  County  Clerk  upon  the  count 
being  completed,  and  such  returns  shall  be  kept  as  the  law  now 
provides  for  keeping  returns  of  general  elections. 


SCHOOL  BONDS  ELECTION. 


An  Act  to  amend  an  Act  entitled  ^^  An  Act  to  enable  the  several 
school  districts  of  the  State  to  issue  negotiable  coupon  bonds 
for  the  purpose  of  erecting  and  furnishing  school  build- 
ings, or  purchasing  ground,  or  for  refunding  floating  funded 
debts,  and  providing  for  the  payment  of  the  principal  indebt- 
edness thus  authorized  and  the  interest  thereon"  approved 
March  12,  1907. 

Approved  February  8,  1908,  p.  34. 

Section  1.     Any  school  district  of  the  State  now  existing, 
General         or  which  may  hereafter  be  created,  is  hereby  authorized  to 
isSiin^g  °       borrow  money  for  the  purposes  of  erecting  and  furnishing  a 
school  bonds  school  building  or  buildings,  maintaining  the  same,  purchas- 
ing ground  upon  which  to  erect  such  building  or  buildings,  or 
for  refunding  floating  indebtedness,  or  for  any  or  all  of  these 
purposes,  by  issuing  negotiable  coupon  bonds  of  the  district  in 
the  manner  by  this  Act  provided.     As  amended,  Stats.  1909, 
p.  178. 

Sec.  2.     When  the  Board  of  Trustees  of  any  school  district 
Question  of    shall  deem  it  necessary  to  incur  an  indebtedness  authorized  by 
bonds^^^^    this  Act  by  issuing  the  negotiable  coupon  bonds  of  the  dis- 
popu/afvote  t^^^*,  such  Board  of  Trustees  shall  first  determine  the  amount 
'  of  such  bonds  to  be  issued,  and  a  certificate  of  such  determi- 
nation shall  be  made  and  entered  in  and  upon  the  records  of 
said  district.     Thereupon,  the  Board  of  School  Trustees  shall, 
by  resolution  duly  made  and  entered  in  and  upon  the  records 
of  said  board,  submit  the  question  of  contracting  a  bonded 
indebtedness  for  any  of  the  purposes  authorized  by  this  Act  to 
a  vote  of  the  duly  qualified  electors  of  the  district  at  the  next 
general  election  of  the  School  Trustees,  or  at  a  special  election 
which  the  School  Trustees  are  hereby  authorized  to  call  for 
such  purpose. 

Sec.  3.     The  election  provided  in  this  Act  shall  be  called 


SCHOOL   BONDS   ELECTION.  71 

and  held,  and  the  vote  canvassed  and  returned,  in  all  respects  Election, 
as  nearly  as  may  be  in  accordance  with  the  provisions  of  law  conducted, 
now  governing  the  election  of  School  Trustees;  pi'ovided,  that 
if  there  is  a  newspaper  published  in  the  school  district  the 
notice  shall  be  published  for  at  least  once  a  week  for  two 
successive  weeks  preceding  said  election.  The  election  notice 
must  contain : 

First — The-  time  and  place  of  holding  such  election .  Election 

Second — The  names  of  Inspectors  and  Judges  to  conduct  the  contain" 
same. 

Third — The  hours  during  the  day  in  which  the  polls  will  be 
open. 

Fourth — The  amount  and  denomination  of  the  bonds,  the 
rate  of  interest  and  the  number  of  years,  not  exceeding  twenty, 
the  bonds  are  to  run.  All  persons  voting  on  the  question  sub- 
mitted at  such  election  shall  vote  by  separate  ballot  whereon  is 
placed  the  words  "For  the  the  Bonds"  or  "Against  the  Bonds." 
The  ballots  shall  be  deposited  in  a  separate  ballot  box  pro- 
vided by  the  School  Trustees  for  that  purpose. 

Sec.  4.  If  upon  the  official  determination  of  the  result  of  Bon^^^to 
such  election  it  appear  that  a  majority  of  all  the  votes  cast  longer  than 
are  "For  the  Bonds"  the  Board  of  Trustees,  as  soon  as  prac-  twenty  years, 
ticable,  shall  issue  the  negotiable  coupon  bonds  of  the  district 
in  such  form  and  denomination  as  the  Board  of  Trustees  may 
direct,  said  bonds  to  run  for  a  period  not  to  [exceed]  twenty 
(20)  years  from  the  date  of  issue,  and  bearing  interest  at  a  rate 
not  exceeding  eight  (8)  per  cent  per  annum,  payable  semi- 
annually, both  principal  and  interest  payable  at  such  place  as 
the  Board  of  Trustees  may  direct,  said  bonds  not  to  be  sold 
for  less  than  their  par  value.  And  before  said  sale  is  made 
notice  of  such  proposed  sale  must  be  given,  by  publication,  in 
a  newspaper,  if  there  is  a  newspaper  published  in  the  district, 
for  at  least  one  week  before  said  bonds  are  disposed  of,  invit- 
ing sealed  bids  to  be  made  for  said  bonds,  and  said  bonds  are 
to  be  sold  to  the  highest  and  best  bidder  for  said  bonds;  jyi'o- 
vided,  if  there  is  no  newspaper  published  in  said  school  district, 
the  notice  herein  provided  for  shall  be  given  by  posting  in 
three  public  places  in  said  school  district  for  at  least  ten  days 
before  said  bonds  are  disposed  of. 

Sec.  5.     All  bonds  issued  under  the  provisions  of  this  Act  Bonds 
shall  be  signed  by  the  Chairman  of  the  Board  of  Trustees  and  ^'^"^  ' 
be  duly  attested  by  the  Clerk  thereof,  and  shall  bear  the  seal  Seai. 
of  the  district,  if  the  district  has  a  seal,  and  shall  be  counter- 
signed by  the  County  Treasurer. 

Sec.  6.  Before  any  district  shall  issue  bonds  under  the  pro-  Registry 
visions  of  this  Act,  all  such  bonds  shall  be  presented  to  the  °^  ^°°^^' 
Treasurer  of  the  county  to  be  duly  registered  by  him  in  a  book 
kept  for  that  purpose  in  his  office,  which  registry  shall  show 
the  school  district,  the  amount,  the  time  of  payment  and  the 
rate  of  interest,  and  all  such  bonds  shall  bear  the  certificate 
of  the  County  Treasurer  to  the  effect  that  they  are  issued  and 


72 


SCHOOL   BONDS   ELECTION. 


Special  tax 
for  interest 
and 

redemption 
of  bonds. 


Sinking 
Fund. 


Change  in 
boundaries 
not  to  release 
property 
from  tax. 


registered  under  the  provisions  of  this  Act.  After  such  regis- 
try the  bonds  shall  be  at  the  disposal  of  the  Board  of  Trustees 
of  the  district  issuing  the  same,  to  l>e  sold  for  the  purpose  of 
raising  funds  for  the  objects  designated  by  this  Act. 

Sec.  7.  Whenever  any  school  district  shall  issue  any  bonds 
under  the  provisions  of  this  Act  it  shall  be  the  duty  of  the 
Board  of  Commissioners  of  the  county  in  which  such  district 
may  be  situated  to  levy  and  assess  a  special  tax  on  all  the 
taxable  property  of  such  district  in  an  amount  sufficient  to 
pay  the  interest  thereon  when  the  same  shall  become  due 
according  to  the  tenor  and  effect  of  said  bonds,  and  the 
County  Treasurer  shall  collect  the  same  as  other  taxes  are 
collected,  in  cash  only,  keeping  the  same  separate  from  other 
funds  received  by  him ;  and  if  there  shall  be  any  surplus  after 
paying  said  interest  and  the  expenses  of  collecting  such  special 
tax,  the  Treasurer  shall  without  delay  pass  the  same  to  the 
credit  of  such  school  district,  and  such  funds  so  passed  to  the 
credit  of  the  district  shall  l)e  subjected  to  the  disposal  of  the 
Board  of  Trustees ;  and  beginning  with  the  year  the  bonds  are 
issued,  and  annually  thereafter,  until  the  full  payment  of  said 
bonds  has  been  made,  the  Board  of  County  Commissioners  of 
the  county  in  which  said  school  district  is  situated  shall  levy 
and  assess  a  special  tax,  and  shall  cause  said  special  tax  to  be 
collected  on  all  property  of  the  school  district,  including  the 
net  proceeds  of  mines,  sufficient  to  pay  annually  a  propor- 
tion of  the  principal  of  said  bonds  equal  to  a  sum  produced 
by  taking  the  whole  amount  of  said  bonds  outstanding  and 
dividing  it  by  the  number  of  years  said  bonds  then  have  to 
run,  which  amount  shall  be  levied,  assessed  and  collected  in 
the  same  manner  as  the  tax  for  the  payment  of  the  interest 
coupons,  and  when  collected  shall  be  known  as  the  "Sinking 
Fund"  and  shall  be  used  only  in  the  payment  of  such  bonds. 
The  sinking  fund  thus  provided  may  be  applied  to  the  pur- 
chase and  cancellation  of  the  outstanding  bonds  of  the  district. 
At  the  maturity  of  such  bonds  the  County  Treasurer  shall  call 
in  and  pay  such  bonds  and  accrued  interest  thereon  and  duly 
cancel  the  same,  and  certify  his  action  to  the  Board  of  Trus- 
tees of  the  school  district. 

Sec.  8.  No  change  in  the  boundary  lines  of  any  school  dis- 
trict shall  release  the  taxable  real  property  of  the  district  from 
assessment  and  le\'y  of  the  taxes  to  pay  the  interest  and  prin- 
cipal of  such  bonds,  and  if  there  shall  be  any  change  in  the 
boundary  of  such  school  district  so  as  to  leave  any  portion  of 
the  taxable  real  property  of  the  district  which  was  subject  to 
taxation  in  the  district  at  the  time  of  the  issue  of  such  bonds, 
the  assessment  and  levy  of  taxes  for  the  payment  of  the  prin- 
cipal and  interest  of  such  bonds  shall  be  made  on  such  prop- 
erty as  if  it  were  still  within  the  district,  and  if  there  shall  be 
any  change  of  the  boundary  lin^s  of  such  school  district  so  as 
to  annex  or  include  any  taxable  or  real  property,  after  the 
issue  of  such  l)onds,  the  real  property  so  included  or  annexed 


FREE  TEXT -BOOK  ELECTION.  73 

shall  thereafter  l)e  subject  to  the  assessment  and  levy  of  a  tax 
for  the  payment  of  the  principal  and  interest 'of  such  bonds. 

Sec.  9.     All  taxes  levied  and  assessed  as  in  this  Act  provided  Taxes 
shall  constitute  a  lien  on  the  property  charged  therewith,  from  neS^on"'^ 
the  date  of  the  levy  thereof  by  the  County  Commissioners,  or  property, 
the  entry  thereof  on  the  assessment  roll  of  the  County  Auditor, 
until  the  same  are  paid,  and  thereafter,  if  allowed  to  become 
delinquent,  shall  be  enforced  in  the  same  manner  as  is  now 
provided  by  law  for  the  collection  of  State  and  county,  taxes . 
And  no  additional  allowance,  fee  or  compensation  whatever 
shall  be  paid  to  any  officer  for  carrying  out  the  provisions  of 
this  Act. 

Sec.  10.     All  Acts  and  parts  of  Acts  in  conflict  with  the 
provisions  of  this  Act  are  hereby  repealed. 


An  Act  to  enable  school  districts  to  issue  negotiable  coupon 
bonds  for  the  purpose  of  erecting,  furnishing ^  equipping  and 
maintaining  buildings  for  industrial  training,  manual  train- 
ing, domestic  science  and  agriculture,  or  for  any  one  or  all 
of  these  purposes,  and  providing  for  the  payment  of  the  prin- 
cipal indebtedness  and  the  interest  thereon,  and  other  matters 
properly  connected  therewith. 

statutes  1909,  p.  122. 

Section  1 .  Any  school  district  of  the  State  is  hereby  author-  Bonds  for 
ized  to  borrow  money  for  the  purpose  of  purchasing  grounds,  S-poUs. 
erecting  buildings,  and  furnishing,  equipping  and  maintaining 
the  same,  for  instruction  in  industrial  training,  manual  train- 
ing, domestic  science  and  agriculture,  or  for  any  one  or  all  of 
these  purposes,  by  issuing  negotiable  coupon  bonds  of  the 
district. 

Sec.  2.     Such  bonds  shall  be  determined  upon,  submitted  under 
to  vote  of  the  district  interested,  authorized,  issued  and  paid,  ^®°^'*»^^^*' 
in  accordance  with  the  provisions  of  the  general  law  for  bond- 
ing  school    districts,  as   approved    March   12,  1907,  and   as 
amended  February  8,  1908. 

Si5C.  3.     This  Act  shall  take  effect  upon   its  passage  and  in  effect, 
approval. 

FREE  TEXT-BOOK  ELECTION. 


An  Act  to  provide  boohs,  equipment  and  materials,  and  to 
encourage  the  economic  use  thereof  by  the  pupils  of  the  pub- 
lic schools,  and  fixing  penalties  for  its  infraction. 

statutes  1909,  p.  156. 

Section  1 .     The  Board  of  Trustees  of  each  school  district  To  provide 
may  upon  their  own  motion,  and  shall  upon  written  demand  book? foi- 
by  a  number  of  qualified  voters  equal  to  ten  per  cent  of  the  pupiis.when. 


74 


FREE   TEXT -BOOK   ELECTION. 


Election. 


Trustees  to 
levy  tax. 
when. 


District 
property. 


Books;  how 
disposed  of. 


Parents 
responsible 
for  books. 


Credits  to 
pupils. 


Material 
other  than 
books. 


average  number  of  children  attending  the  public  schools  in 
said  district  during  the  preceding  full  school  month,  submit 
to  a  vote  of  the  people,  at  the  next  ensuing  general  or  special 
school  election,  the  question  of  providing  free  text-books  for 
the  pupils  attending  said  schools,  and  of  levying  a  special  tax 
for  this  purpose  at  a  rate  to  be  named  in  the  demand,  if  demand 
be  made,  and  in  a  notice  of  such  election,  which  shall  be  given 
as  required  in  the  case  of  other  special-tax  elections. 

Sec.  2.  If  a  majority  of  those  voting  at  such  election  vote 
in  favor  of  providing  free  text-books  and  of  a  special  tax  for 
the  same,  the  Board  of  Trustees  shall  levy  such  tax,  which 
shall  be  collected  as  other  special  taxes  are  collected  and,  from 
the  fund  so  provided,  which  shall  be  called  the  Book  Fund, 
shall  purchase  a  sufficient  number  of  authorized  text-books,  as 
they  may  be  required,  and  shall  loan  them  upon  such  terms, 
and  under  such  rules  and  regulations,  as  maj-  be  made  by  said 
board,  or  as  may  be  provided  by  law,  to  parents  or  guardians 
for  the  use  of  the  pupils  of  the  schools  of  said  district. 

Sec.  3.  All  property  purchased  under  this  Act  for  a  school 
district  shall  be  and  remain  the  property  of  said  district, 
except  as  other^^dse  provided  by  law. 

Sec.  4.  Text-books  purchased  under  this  Act  may  be  dis- 
posed of  as  follows : 

(a)  They  may  be  sold  for  cash  to  pupils  of  the  public 
schools,  or  to  parents  or  guardians  of  such  pupils. 

(h)  If  the  Board  of  Trustees  so  decide,  pupils  who  have 
completed  the  last  two  years  of  the  course  of  study  for  the 
district,  may,  as  a  mark  of  merit,  be  given  the  permanent 
ownership  of  such  four  text-books  used  by  them  during  their 
last  two  years  of  study  in  the  schools  of  said  district,  as  said 
pupils  may  select. 

Sec.  5.  The  parents  and  guardians  of  pupils  shall  ])e  respon- 
sible for  all  books  loaned  to  the  pupils  in  their  charge,  and 
shall  pay  to  the  Clerk  of  the  Board  of  Trustees,  for  the  Book 
Fund  of  the  district,  the  full  purchase  price  of  every  such 
book  destroyed,  lost,  or  so  damaged  as  to  make  it  unacceptable 
to  other  pupils  succeeding  to  their  classes.  The  Board  of 
Trustees  may  also  make  rules  for  payment  for  slighter  injuries 
to  books. 

Sec.  6.  Credits  shall  be  given  to  pupils  in  a  ratio  to  be 
fixed  by  those  having  authority  to  fix  ratios  of  credits,  for  the 
economic  use  and  care  of  l^ooks  in  the  hands  of  pupils,  whether 
such  books  be  the  property  of  the  district  or  otherwise. 

Sec.  7.  Equipment  and  materials  for  use  in  manual  train- 
ing, industrial  training  and  the  teaching  of  domestic  science, 
may  be  supplied  to  pupils  in  the  same  manner,  out  of  the  same 
fund  and  on  the  same  terms  and  conditions  as  books;  provided, 
that  no  private  ownership  can  be  acquired  in  such  equipment 
or  material  unless  sold  according  to  law  when  such  equipment 
or  material  shall  be  no  longer  used  or  required  for  the  schools 
of  the  district. 


HIGH   SCHOOLS   ELECTION.  75 

Sec.  8.     Authorized  supplementary  books  for  the  use  of  the  other  books 
teachers  may  be  purchased  under  this  Act,  and  shall  remain 
the  property  of  the  school  district  for  which  purchased  unless 
sold  in  accordance  with  law. 

Sec.  9.  Each  year  after  the  first  introduction  in  any  school  Tax  levy, 
district  of  the  system  provided  for  in  this  Act,  and  on  or  before 
the  10th  day  of  January  thereof,  the  Board  of  School  Trustees 
of  such  district  shall  estimate  the  amount  of  money  necessary 
for  maintaining  or  increasing  the  supply  of  books,  equipment, 
and  material,  or  any  or  all  of  these,  and  proceed  to  levy  the 
necessary  tax  therefor  in  the  manner  now  provided  for  by  law 
for  levying  a  special  tax  not  in  excess  of  twenty-five  cents  on 
the  one  hundred  dollars. 

Sec.  10,    This  Act  shall  not  be  so  construed  as  to  authorize  Not  to 
the  violation  of  any  valid  existing  contract,  nor  to  provide  a  e'Ssting*^^ 
means  for  the  adoption  of  text-books.  contracts. 

Sec.  11.    Every  person  violating  the  provisions  of  this  Act  Penalties, 
shall  be  guilty  of  a  misdemeanor,  and  shall  be  fined  not  more 
than  twenty  dollars  ($20)  or  imprisoned  not  more  than  ten 
(10)  days,  or  both  so  fined  and  imprisoned. 


HIGH  SCHOOLS  ELECTION. 


An  Act  permitting  the  establishment  of  County  High  Schools 
in  the  various  counties  of  this  State,  and  providing  for  the 
construction,  maintenance,  management  and  supervision  of 
the  same,  to  repeal  all  Acts  and  parts  of  Acts  in  conflict 
herewith,  and  matters  properly  connected  therewith. 

statutes  1909,  p.  241. 

Section  1 .    There  may  be  established  in  any  county  in  this  county  High 
State  a  high  school;  provided,  that  at  any  general  or  special  fg^tabHs^hed 
election  held  in  said  county  after  the  passage  of  this  Act,  a  by  popular 
majority  of  all  the  votes  cast  at  such  election  upon  the  propo- 
sition to  establish  a  high  school  shall  be  in  favor  of  establish- 
ing and  maintaining  such  high  school  at  the  expense  of  said 
county. 

Sec.  2.    The  Board  of  County  Commissioners  at  any  gen- County  com- 
eral  election  to  be  held  in  any  county  after  the  passage  of  Sbm?t°^^^  *^ 
this  Act,  upon  the  presentation  of  a  petition  signed  by  fifty  or  Jotefs""*^ 
more  qualified  electors,  taxpayers  of  said  county,  at  any  reg- 
ular meeting  of  said  board  held  not  less  than  eight  weeks 
before  any  special  or  general  election,  must  make  an  order 
submitting   the    question    of    establishing,  constructing   and 
maintaining  a  county  high   school  to  the  qualified  electors 
thereof.     The    Board   of    County   Commissioners,  upon   the 
presentation  of  said  petition,  may  order  a  special  election  for 
said  purpose.    Said  election  shall  be  conducted  in  the  manner 
prescribed  by  law  for  conducting  elections,  and  the  ballots  at  Ballots. 


76 


HIGH   SCHOOLS   ELECTION. 


Location  of 
said  school, 
how 
determined. 


Form  of 
ballot. 


such  election  shall  have  printed  thereon  the  words  "For  a 
County  High  School"  and  the  words  "Against  a  County  High 
School."  The  votes  cast  for  and  against  said  county  high 
school  at  any  election  therefor  shall  be  counted  and  the 
returns  thereof  made  and  canvassed  in  the  manner  provided 
for  by  law  for  counting,  making  returns,  and  canvassing  the 
votes  of  a  general  election;  provided,  that  the  election  officers 
appointed  to  conduct  any  special  election  held  in  accordance 
with  this  Act,  as  required  l)y  law,  shall  perform  all  services 
required  of  them  by  law  in  holding  and  conducting  such  elec- 
tions, without  any  fees  or  pay  therefor. 

Sec.  3.  If  a  majority  of  the  votes  cast  on  the  proposition 
to  establish  a  county  high  school  shall  be  in  the  affirmative, 
it  shall  be  the  duty  of  the  Board  of  County  Commissioners, 
within  thirty  days  after  canvassing  said  vote,  to  locate  the 
high  school  in  the  place  in  said  county  where  the  said  board 
shall  deem  mosc  suitable  and  convenient  for  the  purpose. 
If,  within  sixty  days  after  the  County  Commissioners  shall 
have  located  said  high  school,  there  shall  be  presented  a  cer- 
tified petition  bearing  the  signatures  of  at  least  one-fourth 
of  the  qualified  voters  of  such  county  according  to  the  last 
general  election  returns,  said'  petition  requesting  a  vote  on 
the  question  of  the  location  of  the  county  high  school  and 
specifying  a  desired  location,  said  Board  of  County  Commis- 
sioners shall  submit  the  question  of  such  location  to  the 
voters  of  the  county  at  the  next  general  election;  provided^ 
that  in  all  cases  where  special  elections  have  been  called  by 
the  Board  of  County  Commissioners  of  any  county  of  this 
State  previous  to  the  passage  of  this  Act  to  submit  the  ques- 
tion of  location  of  any  county  high  school  to  the  voters  in 
any  such  county  wherein  two  thousand  or  more  votes  were 
cast  at  the  last  general  election,  and  wherein  the  assessed 
valuation  of  real  and  personal  property  is  six  million  dollars 
or  more,  the  Board  of  County  Commissioners  may,  if  said 
board  deems  it  to  the  best  interest  of  the  people  of  such 
county,  establish  two  county  high  schools;  one  at  the  place 
selected  by  the  Board  of  County  Commissioners  and  one  at 
the  place  named  in  the  petition  presented  to  the  said  Board 
of  County  Commissioners  praying  for  said  special  election  in 
said  county,  and  thereupon  the  said  board  may  revoke  the 
order  calling  said  special  election  and  in  such  case  no  special 
election  shall  be  held. 

At  any  general  election  at  which  the  location  of  any  county 

high  school  is  submitted  to  the  voters  of  the  county,  the  form 

of  the  ballot  shall  be : 

f  Yes 
Shall  the  County  High  School  be  located  at ?  i    -j^   

In  other  respects  the  provisions  of  the  general  election  law 
shall  be  followed.  If  at  any  such  election  a  majority  of  all 
voters  who  shall  vote  on  the  question  of  such  location  shall 
vote  in  favor  of  locating  the  county  high  school  at  the  place 


HIGH   SCHOOLS   ELECTION.  77 

designated  in  the  petition,  it  shall  be  the  duty  of  the  Board  of 
County  Commissioners  to  cause  the  high  school  to  be  located 
at  such  place,  not  later  than  the  first  day  of  the  next  following 
Septem})er.  While  a  vote  on  the  question  of  changing  the 
location  of  any  county  high  school  is  pending,  no  contract  for 
the  purchase  of  grounds  or  for  the  erection  of  a  building  shall 
be  made.  When  the  location  of  the  county  high  school  has 
been  finally  determined,  the  Board  of  County  Commissioners 
shall  estimate  the  cost  of  purchasing  suitable  grounds,  procur- 
ing plans  and  specifications,  erecting  a  l)uilding,  furnishing  the 
same,  fencing  and  ornamenting  the  grounds,  and  the  cost  of 
running  said  school  for  the  following  twelve  months;  jrrovided,  Proviso. 
that  the  estimate  mentioned  herein  for  purchasing  suitable 
grounds,  procuring  plans  and  specifications,  erecting  a  build- 
ing, furnishing  the  same  and  fencing  and  ornamenting  the 
grounds  shall  not  be  made,  if  previous  to  the  time  when  the 
Commissioners  are  to  make  sucli  estimate  the  Legislature  shall 
have  authorized  said  county  to  issue  b(^nds  for  such  purpose. 

Sec.  4.  W^hen  such  estimate  shall  have  been  made,  the  Tax  levy. 
Board  of  County  Commissioners  shall  thereupon  immedi- 
ately proceed  to  levy  a  special  tax  upon  all  the  assessable 
property  of  the  county  sufficient  to  raise  the  amount  esti- 
mated. Said  tax  shall  be  computed,  entered  on  the  tax  roll 
and  collected  in  the  same  manner  as  other  taxes  are  com- 
puted, entered  and  collected,  and  the  amount  so  collected 
shall  be  deposited  in  the  county  treasury  and  be  known  and 
designated  as  the  "County  High  School  Fund"  and  shall  be  County  High 
drawn  from  the  treasury  in  the  manner  now  provided  by  law  ^^^°^^  ^^°^- 
for  drawing  money  from  the  treasury  by  School  Trustees; 
fwomded,  however,  that  the  tax  levy  for  purchasing  suitable 
grounds,  procuring  plans  and  specifications,  erecting  a  build- 
ing and  furnishing  the  same,  fencing  and  ornamenting  the 
grounds,  may  be  deferred  as  long  as  a  sufficient  number  of 
suitable  rooms  in  a  public  school  building  can  be  secured  for 
the  purposes  of  such  county  high  school  at  a  reasonable  rental. 
In  case  such  levy  be  deferred  until  after  the  election  of  a 
County  Board  of  Education,  the  levy  shall  be  made  by  the  • 
Board  of  County  Commissioners  whenever  so  ordered  by  the 
County  Board  of  Education,  and  the  Board  of  Education  shall 
be  charged  with  the  duty  of  purchasing  grounds  and  erecting 
and  furnishing  such  school  building. 

Sec.  5.  The  Board  of  County  Commissioners  shall  act  as  a  county 
County  Board  of  Education  in  the  performance  of  the  duties  Education, 
hereinbefore  mentioned  and  shall  continue  to  perform  the 
duties  of  the  County  Board  of  Education  until  a  County  Board 
of  Education  shall  have  been  elected  and  qualified  as  herein- 
after provided,  and  at  such  time  the  Board  of  County  Commis- 
siohers  shall  transfer  all  property  and  control  of  said  school  to 
the  County  Board  of  Education,  who  shall  hold  the  same  in 
trust  for  the  county. 

Sec.  6.     At  the  next  general  election  after   it  shall  have 


78 


HIGH   SCHOOLS   ELECTION. 


County 
Board  of 
Education 
elected. 


Duties  of 
said  board. 


Tax  levy. 


What  pupils 
eligible. 


Principal 
may  super- 
vise other 
schools. 


Under 

general 

laws. 


])een  decided  to  establish  a  county  high  school-  there  shall  be 
elected  a  County  Board  of  Education,  to  consist  of  three  mem- 
bers, two  of  whom  shall  serve  two  years,  and  the  other  four 
years,  and  thereafter  at  each  regular  biennial  election  there 
shall  be  elected  two  members  of  said  board,  one  of  whom  shall 
serve  for  two  years  and  the  other  for  four  years.  Each  person 
elected  as  herein  provided  shall  enter  upon  the  duties  of  his 
office  on  the  first  Monday  in  January  next  following  his  elec- 
tion, and  shall  hold  office  until  his  successor  is  elected  and 
qualified.  If  at  any  time  a  vacancy  shall  occur  on  said  board, 
it  shall  he  the  duty  of  the  Superintendent  of  Public  Instruc- 
tion to  appoint  a  member  for  the  unexpired  term. 

Sec.  7.  It  shall  be  the  duty  of  the  County  Board  of  Edu- 
cation to  furnish,  annually,  an  estimate  of  the  amount  of 
money  needed  to  pay  all  the  necessary  expenses  of  running 
said  school ;  to  enforce  the  uniform  high-school  course  of  study 
adopted  by  the  State  Board  of  Education ;  to  employ  teachers 
holding  Nevada  State  certificates  of  the  high-school  grade  in 
full  force  and  effect;  to  hire  janitors  and  other  employees,  and 
discharge  such  employees  when  sufficient  cause  therefor  shall 
exist;  and  to  do  any  and  all  other  things  necessary  to  the 
proper  conduct  of  the  school. 

Sec.  8.  It  shall  be  the  duty  of  the  Board  of  County  Com- 
missioners to  include  in  their  annual  tax  levy  the  amount  esti- 
mated by  the  County  Board  of  Education  as  needed  to  pay  the 
expenses  of  conducting  the  county  school;  and  such  amount, 
when  collected  and  paid  into  the  county  treasury,  shall  be 
known  as  the  "County  High  School  Fund"  and  may  be  drawn 
therefrom  for  the  purpose  of  defraying  the  expenses  of  con- 
ducting said  county  high  school,  in  the  manner  now  provided 
by  law  for  drawing  money  from  the  county  treasury  by  School 
Trustees. 

Sec.  9.  All  county  high  schools  shall  be  open  for  the  admis- 
sion of  graduates  holding  diplomas  from  the  eighth  grade  of 
the  elementary  schools  of  the  State;  provided,  that  the  exami- 
nations for  the  said  diplomas  shall  have  been  given  under  the 
direction  and  authority  of  the  State  Board  of  Education ;  and 
to  such  other  pupils  as  shall  pass  the  examination  for  admis- 
sion to  the  county  high  school,  which  examination  shall  be 
conducted  under  the  direction  and  authority  of  the  State 
Board  of  Education. 

Sec.  10.  Nothing  in  this  Act  shall  be  construed  so  as  to 
prevent  the  principal  of  the  county  high  school  from  acting  as 
principal  of  the  grammar  school  of  the  district  in  which  the 
county  high  school  is  located  if  so  desired  by  the  Trustees  of 
said  school  district  and  the  County  Board  of  Education. 

Sec.  11.  The  county  high  school  shall  be  under  the  same 
general  supervision  and  shall  be  subject  to  the  same  laws, 
rules  and  regulations  governing  the  other  schools  of  the  State 
school  system. 

Sec.  12.    The  County  Board  of  Education  is  hereby  empow- 


ELECTION    OF   DISTRICT   JUDGES.  79 

ered  to  provide  for  the  rental,  purchase,  or  erection  of  a  suit-  Dormitories 
able  dormitory  or  dormitories  and  dining  hall  for  high-school  haii.^^"*"" 
students,  and  to  provide  for  the  support,  maintenance  and 
management  of  the  same.     The  said  dormitory  or  dormitories 
shall  be  considered  part  of  the  regular  high-school  equipment 
and  organization. 

Sec.  13.     All  Acts  and  parts  of  Acts  in  conflicf  witli  this  Repeal. 
Act  are  hereby  repealed. 


ELECTION  OF  DISTRICT  JUDGES. 


An  Act  to  amend  an  Act  entitled  '^An  Act  to  amend  an  Act 
entitled  ^An  Act  to  create  Judicial  Districts  in  the  State  of 
Nevada,  provide  for  the  election  of  District  Judges  therein, 
and  to  fix  their  residences  and  salary,  and  to  repeal  all  other 
Acts  in  relation  thereto, '  approved  March 27, 1907"  approved 
February  8,  1908. 

statutes  1909,  p.  185. 

Section  1 .     The  State  of  Nevada  is  hereby  divided  into  nine  Judicial 
Judicial  Districts.     The  Counties  of  Storey,  Douglas,  Ormsby,  Modeled, 
and    Lyon   shall  constitute  the  First  Judicial    District;    the 
County  of  Washoe  shall  constitute  the  Second  Judicial  Dis- 
trict ;  the  Counties  of  Eureka  and  Lander  shall  constitute  the 
Third  Judicial  District;   the  Counties  of  Elko,  Lincoln,  and 
Clark    shall,  except    as    hereinafter   provided,  constitute  the 
Fourth  Judicial  District;   the  County  of  Nye  shall  constitute 
the  Fifth  Judicial  District ;  the  County  of  Humboldt  shall  con- 
stitute the  Sixth  Judicial  District;  the  County  of  Esmeralda 
shall  constitute  the  Seventh  Jvidicial  District;   the  County  of 
Churchill  shall  constitute  the  Eighth  Judicial  District,  and 
the  County  of  White  Pine  shall  constitute  the  Ninth  Judicial 
District.     For  each  of  said  districts  Judges  shall  be  elected  by 
the  qualified  electors  thereof  at  the  general  election  in  the  year 
1910,  and  every  four  years  thereafter,  except  as  otherwise  pro- 
vided in  this  Act,  as  follows:    For  each  of  said  districts,  except 
the  Second  Judicial  District  and  the  Seventh  Judicial  District,  Two  Judges 
there  shall  be  elected  one  Judge.     For  the  Second  Judicial  Dis-  secondhand 
trict  there  shall  be  two  Judges  elected,  and  for  the  Seventh  pf7tn\?t^ 
Judicial  District  there  shall  be  two  Judges  elected. 

Sec.  2.     Until  the  first  Monday  in  January,  one  thousand  To  take 
nine  hundred  and  eleven,  the  Judicial  Districts  of  this  State  ^  ®^  ^" 
shall  be  and  remain  as  heretofore  provided  by  law,  unless  there 
shall  occur  vacancies  in  the  offices  now  held  by  the  present 
incumbents,  by  deaths,  resignations  or  otherwise;  provided,  that  Exception, 
in  case  of  such  vacancy  or  vacancies  the  provisions  of  this  Act 
shall  take  immediate  effect,  and  there  shall  })e  appointed  or 
elected,  as  provided  by  law,  one  District  Judge  for  the  Ninth 
Judicial  District,  and  two  District  Judges  for   the    Seventh 


80 


ELECTION   OF   DISTRICT   JUDGES. 


Salary  of 
Judges. 


How  raised 
and  paid. 


No  salary  in 
advance. 


Relating  to 

Second 

District. 


Relating  to 

Seventh 

District. 


Judicial  District,  to  hold  office  until  the  first  Monday  in  Janu- 
ary, one  thousand  nine  hundred  and  eleven,  after  which  date 
there  shall  he  hut  one  District  Judge  in  the  Seventh  Judicial 
District. 

Sec.  3.  The  salary  of  each  Judge  herein  elected,  or  appointed 
to  fill  vacancies  whenever  such  vacancies  shall  occur,  shall  be 
four  thousand  dollars  per  annum,  except  the  Judge  of  the 
Fourth  Judicial  District  whose  salary  shall  be  five  thousand 
dollars  per  annum,  and  the  Judge  of  the  Fifth  Judicial  Dis- 
trict whose  salary  shall  be  seven  thousand  dollars  per  annum, 
and  the  Judge  or  Judges  of  the  Seventh  Judicial  District  whose 
salary  shall  be  seven  thousand  dollars  per  annum,  and  the 
Judge  of  the  Eighth  Judicial  District  whose  salar}^  shall  be 
three  thousand  dollars  per  annum,  all  of  said  salaries  to  be 
paid  in  equal  monthly  installments  out  of  the  District  Judges' 
Salary  Fund,  hereby  created  in  the  State  Treasury,  which  fund 
shall  be  supplied  in  the  manner  following,  to  wit: 

Each  county  in  each  district  in  the  State  shall  contribute 
annually  to  the  said  fund  its  proportionate  share  of  the  money 
necessary  to  pay  the  Judge  or  Judges  of  its  district  their 
respective  salaries  monthly  for  such  year,  based  upon  the 
assessment  roll  of  each  county  for  the  previous  year;  and  it  is 
hereby  made  the  duty  of  the  County  Commissioners  of  each 
county  to  make  such  arrangements  and  orders  as  may  be 
necessary  to  insure  the  forwarding  of  their  county's  quota  of 
said  District  Judges'  Salary  Fund  to  the  State  Treasurer,  at 
such  times  and  in  such  installments  as  will  enable  the  State 
Treasurer  to  pay  each  District  Judge  one-twelfth  of  his  annual 
salary  on  the  first  Monday  of  each  and  every  month,  and  to 
cause  such  money  to  be  forwarded  by  the  County  Treasurers, 
and  if  necessary  in  order  to  render  certain  the  forwarding  of 
such  money  in  ample  time  to  prevent  any  default  in  said 
monthly  installments,  said  Board  of  County  Commissioners 
shall  transfer  and  use  any  moneys  in  the  county  treasuries 
except  those  belonging  to  the  Public  School  Fund.  No  salary 
of  any  District  Judge  shall  be  paid  in  advance. 

Sec.  4.  The  Second  Judicial  District  shall  be  entitled  to 
and  shall  have  two  District  Judges ;  they  shall  have  concur- 
rent and  coextensive  jurisdiction  within  said  district,  under 
such  rules  and  regulations  as  may  be  prescribed  by  law,  and 
they  shall  have  power  to  make  such  rules  and  regulations  as 
will  enable  them  to  transact  judicial  business  of  said  district 
in  a  convenient  and  lawful  manner. 

Sec.  5.  The  Seventh  Judicial  District  shall  be  entitled  to 
and  shall  have  two  District  Judges  to  hold  office  until  the  first 
Monday  in  January,  one  thousand  nine  hundred  and  eleven, 
and  after  the  said  first  Monday  in  January,  one  thousand  nine 
hundred  and  eleven,  the  Seventh  Judicial  District  shall  be 
entitled  to  but  one  District  Judge,  and  at  the  general  election 
of  1910,  and  every  four  years  thereafter,  except  as  otherwise 
provided   in   this  Act,  there  shall  be  but  one  District  Judge 


TOWN   AND   CITY   ELECTIONS.  81 

elected  for  the  Seventh  Judicial  District.  The  said  District 
Judges  of  the  Seventh  Judicial  District  shall  have  concurrent 
and  coextensive  jurisdiction  within  said  district,  under  such 
rules  and  regulations  as  may  be  prescribed  by  law,  and  they 
shall  have  power  to  make  such  rules  and  regulations  as  will 
enable  them  to  transact  judicial  business  of  said  district  in  a 
convenient  and  lawful  manner. 

Sec.  6.    All  Acts  and  parts  of  Acts  in  conflict  with  the  pro-  Repeal, 
visions  of  this  Act  are  hereby  repealed. 


TOWN  AND  CITY  ELECTIONS. 


An  Act  concerning  the  election  of  town  and  city  officers  in  this 
State,  and  matters  properly  connected  therewith. 

Approved  March  22,  1897. 

Section  1 .  The  Registry  Agents  of  every  voting  precinct  in  Duties  of 
this  State,  containing  within  its  limits  a  town  or  city,  the  Agents.^ 
boundaries  of  which  are  described  by  metes  and  bounds,  shall 
register  all  voters,  residents  of  said  town  or  city,  separately 
from  the  voters  who  reside  within  the  said  voting  precinct  but 
without  the  limits  of  said  town  or  city,  or  he  shall  designate 
after  the  name  of  each  voter  whether  he  is  a  resident  within 
or  without  said  town  or  city;  pi'ovided,  that  when  there  are  no 
officers  to  be  elected  exclusively  for  said  town  or  city  such  sep- 
arate registration  shall  not  be  required. 

Sec.  2.  The  Registry  Agents  in  preparing  the  official  register  Residence 
for  any  voting  precinct  as  described  in  section  one  of  this  Act  ^J^ed!^*'^^^ 
for  the  use  of  election  officers,  of  the  precinct  and  the  wards 
thereof,  if  any  there  be,  shall  designate  after  the  name  of  each 
voter,  or  in  some  other  appropriate  and  intelligible  manner, 
the  residence  of  the  voter,  whether  within  or  without  the  lim- 
its of  the  town  or  city,  so  that  the  election  officers  can  readily 
determine  whether  or  not  voters  are  qualified  to  vote  for  town 
or  city  officers,  if  any  such  are  to  be  elected. 

Sec.  3.    The  County  Clerk  shall  cause  to  be  placed  upon  the  Ballots  to 
official  ballots  to  be  used  at  any  voting  precinct  containing  contain, 
within  its  limits  a  town  or  city,  as  described  in  section  one  of 
this  Act,  the  names  of  all  candidates  for  office  for  said  town  or 
city,  in  manner  as  now  provided  by  law  to  be  voted  for  exclu- 
sively by  the  electors  of  said  town  or  city;  pt'ovided,  that  he  Proviso, 
shall  furnish  sufficient  ballots  without  the  names  of  candidates 
for  town  or  city  officers,  for  use  of  the  voters  of  the  precinct 
who  reside  without  the  limits  of  said  town  or  city,  and  the 
number  of  all  ballots  furnished  for  use  in  said  precincts,  and 
the  wards  thereof,  if  any  there  be,  shall  be  as  now  provided  by 
law,  and  shall  be  apportioned  according  to  the  relative  number 
of  each  class  of  voters  as  herein  designated. 


82 


TOWN   AND   CITY   ELECTIONS. 


Form  of 
ballot. 


Applicable 
to  wards. 


Sec.  4.  The  election  officers  of  every  voting  precinct  and 
the  wards  thereof,  if  any  there  be,  shall,  in  manner  as  now 
provided  by  law,  furnish  the  voters  of  said  precinct  or  the 
wards  thereof,  with  ballots  with  or  without  the  names  of  the 
candidates  for  town  or  city  officers,  according  as  the  voter  is  a 
resident  within  or  without  the  limits  of  said  town  or  city  as 
shown  by  the  official  registry  list  for  use  of  the  election  officers 
of  said  precincts,  or  the  wards  thereof,  as  in  this  Act  provided, 
and  no  ballot  containing  names  of  candidates  to  be  voted  for 
exclusively  by  residents  of  the  town  or  city  shall  be  given  to 
any  voter  who  resides  without  the  limits  of  said  town  or  city. 

Sec.  5.  Except  as  herein  specially  provided,  the  manner 
of  voting  and  conducting  the  election  shall  be  as  now  provided 
by  law. 

Sec.  6.  Whenever  any  officer  or  officers  of  any  town  or  city 
as  herein  mentioned  are  to  l)e  voted  for  exclusively  by  the 
qualified  voters  of  any  ward  or  wards  of  said  town  or  city,  then 
all  the  provisions  of  this  Act  concerning  the  registration  and 
manner  of  voting  for  town  and  city  officers  shall  apply  to  said 
ward  or  wards. 


Unincorpo- 
rated cities 
and  towns 
may  issue 
bonds  for 
sewerage 
systems. 


Amount 
limited. 


Denomina- 
tion. 


An  Act  to  authorize  the  issuance  of  bonds  by  unincorporated 
cities  and  towns  for  the  construction  of  sewerage  systems. 

statutes  1909,  p.  179. 

Section  1.  For  the  purpose  of  constructing  sewerage  sys- 
tems within  their  respective  limits,  and  waste  mains  therefrom, 
any  unincorporated  city  or  town  within  this  State,  which  is 
being  or  may  hereafter  be  governed  under  the  provisions  of  an 
Act  of  the  Legislature  of  this  State  entitled  "  An  Act  providing 
for  the  government  of  towns  and  cities  within  this  State," 
approved  February  26,  1881,  and  Acts  amendatory  thereof, 
are  hereby  authorized  to  issue  bonds  in  the  amount  and  man- 
ner hereinafter  set  forth  and  prescribed. 

Sec.  2.  Said  bonds  shall  not  in  any  such  city  or  town  at 
any  time  exceed  the  sum  and  amount  of  sixty  thousand  dollars 
($60,000);  they  shall  be  of  convenient  denominations,  rang- 
ing from  one  hundred  dollars  ($100)  to  one  thousand  dollars 
($1,000) ,  and  shall  bear  interest  at  the  rate  of  not  more  than  six 
(6)  per  cent  per  annum,  the  interest  on  each  bond  to  be  payable 
annually,  beginning  on  the  third  Monday  in  January  of  the 
second  year  after  such  bond  shall  have  been  issued,  and  upon 
the  same  date  in  each  succeeding  year  during  the  life  of  such 
bond.  The  bonds  shall  be  numbered  consecutively  and  have 
interest  coupons  attached  in  such  manner  that  they  can  be 
removed  upon  payment  of  the  installments  of  interest  with- 
out injury  to  the  bonds.  The  bonds  shall  be  signed  by  the 
Chairman  of  the  Board  of  County  Commissioners,  acting  as  a 
city  or  town  board,  and  countersigned  by  the  Clerk  of  said 
board.     The  bonds  shall  be  distinctively  known  as  " 


TOWN   AND   CITY   ELECTIONS.  83 

Sewerage  Bonds,"  the  name  of  the  city  or  town  issuing  them 
being  inserted  before  the  word  "Sewerage." 

Sec.  3.  Before  issuing  the  said  bonds  the  Board  of  County  Special 
Commissioners,  acting  as  such  city  or  town  board,  shall  pub-  leteSne! 
lish  a  notice  for  at  least  three  consecutive  weeks  in  some  daily 
newspaper  published  in  said  city  or  town,  calling  for  a  special 
election  by  the  legally  qualified  electors  of  said  city  or  town  to 
determine  whether  such  bonds  shall  issue.  If  there  be  no 
daily  newspaper  published  in  such  city  or  town,  the  said 
notice  shall  be  posted  in  at  least  three  conspicuous  places 
within  the  limits  of  such  city  or  town,  for  the  same  length  of 
time,  and  if  there  be  a  weekly  newspaper  published  in  such 
city  or  town,  the  said  notice  shall  also  be  published  in  each 
issue  of  said  weekly  newspaper  during  the  period  of  posting. 
The  notice  shall  state  specifically  the  amount  of  the  proposed 
bond  issue,  the  rate  of  interest  the  bonds  are  to  bear,  the  time 
and  manner  of  their  payment,  and  that  they  are  for  the  con- 
struction of  a  sewerage  system. 

Sec.  4.  The  board  shall  cause  a  sufficient  number  of  bal-  Ballots, 
lots  to  be  printed  which  shall  bear  the  words  "Sewerage 
Bonds — Yes"  and  "Sewerage  Bonds — No"  printed  thereon  in 
parallel  lines,  one  above  the  other.  The  voter  will  scratch 
out  the  "Yes"  if  opposed  to  the  bonds,  or  the  "No"  if  in  favor 
of  their  issue.  The  election  shall  be  conducted  and  the  votes 
canvassed,  in  all  essential  particulars  as  in  other  city  and  town 
elections.  If  a  majority  of  all  the  votes  cast  are  in  favor  of  Bonds 
the  issue  of  the  bonds,  the  Board  of  County  Commissioners, 
acting  as  such  city  or  town  board,  shall  proceed  at  once  to 
issue  them  as  rapidly  as  needed,  in  conformity  with  the  pro- 
visions of  this  Act.  Said  bonds  shall  be  sold  at  not  less  than 
their  par  value,  and  shall  be  redeemable,  in  the  order  of  their 
issue,  not  less  than  three  years  or  more  than  fifteen  (15)  years 
from  the  date  of  their  issue  respectively. 

Sec.  5.  To  provide  for  the  payment  of  the  said  bonds  and  Providing  for 
the  interest  thereon  the  Board  of  County  Commissioners  shall,  and  interest, 
at  the  time  of  the  regular  tax  levy  for  State  and  county  pur- 
poses, levy  an  additional  tax  upon  all  property,  real  and  per- 
sonal, within  the  limits  of  such  city  or  town,  sufficient,  in  their 
judgment,  to  pay  the  interest  upon  such  bonds  annually  as  it 
becomes  due,  and  the  principal  at  such  a  rate  as  will  redeem 
all  of  the  bonds  within  fifteen  (15)  years  from  the  date  of 
issue.  In  each  case  the  fifteen  (15)  years  shall  begin  to  run 
from  the  date  of  the  particular  bond  to  be  paid.  The  said 
taxes  shall  be  assessed  and  collected  the  same  as  other  taxes, 
paid  to  the  County  Treasurer,  and  by  him  placed  in  a  fund 

to  be  known  as  the  " Sewerage  Fund"  with  the 

name  of  the  city  or  town  preceding  the  word  "Sewerage." 

Sec.  6.     All  sewerage  systems  constructed  under  the  pro-  Commission- 
visions  of  this  Act  shall  be  so  constructed  under  the  supervi-  supervise 
sion  and  control  of  the  Board  of  County  Commissioners,  acting  '"'o''^^- 
as  such  city  or  town  board.     The  materials  may  be  purchased 


84 


MISCELLANEOUS. 


In  case  of 
towns  or 
cities 


and  the  work  caused  to  be  done  directly  by  the  board,  or  it 
may  advertise  for  plans  and  specifications,  and  bids  for  con- 
struction as  in  cases  of  other  public  works. 

Sec.  7.  In  all  cases  wherein  such  sewerage  systems  are  con- 
structed in  unincorporated  cities  and  towns,  and  such  cities 
and  towns  are  afterwards  incorporated,  the  control  and  man- 
corpolratfng!  agcmcnt  of  such  systcms  shall  at  once  be  vested  in  the  munici- 
pal governments  of  such  cities  and  towns.  If  such  cities  or 
towns  shall  be  incorporatied  while  the  work  of  construction  is 
in  progress,  the  work  shall,  nevertheless,  be  carried  on  to  com- 
pletion by  the  Board  of  County  Commissioners,  and  when 
completed  the  system  shall  be  turned  over  to  the  city  or  town 
government  as  it  shall  have  been  organized.  It  shall  then  be 
the  duty  of  such  city  or  town  government  to  provide  for  the 
payment  of  the  principal  and  interest  upon  said  bonds,  by  the 
levy  and  collection  of  taxes  as  prescribed  by  law.  It  shall  be 
the  duty  of  the  County  Treasurer  having  custody  of  the  sewer- 
age funds  to  turn  such  funds  over  to  the  Citj^  Treasurer  imme- 
diately upon  the  qualification  of  the  City  Treasurer,  and  the 
bonds,  principal  and  interest  shall  then  be  paid  by  the  city 
government  in  all  respects  as  prescribed  for  their  payment  by 
the  Boards  of  County  Commissioners,  acting  as  city  or  town 
boards. 


MISCELLANEOUS, 


Relating  to 
votes  of 
electors  in 
service  of 
the  United 
States. 

Adjutant- 
General  to 
certify  to 
Secretary  of 
State. 


Certified 
copies  to  be 
transmitted 
to  command 
ing  oflacer. 


An  Act  to  provide  for  taking  the  votes  of  electors  of  the  State 
of  Nevada,  who  may  be  in  the  military  service  of  the  United 
States. 

statutes  1899,  p.  108. 

Section  1 .  For  the  purpose  of  taking  the  vote  of  the  elect- 
ors of  this  State,  who  may  be  in  the  service  of  the  United  States 
Volunteers,  and  at  the  time  beyond  the  territorial  limits  of  the 
State,  the  Adjutant-General  of  the  State  shall,  in  due  time  to 
carry  out  the  provisions  of  this  Act,  make  and  deliver  to  the 
Secretary  of  State  duly  certified  separate  lists  for  each  county, 
having  soldiers  in  the  service,  of  the  names  of  all  qualified 
electors  under  the  laws  of  this  State,  at  the  time  of  their  enlist- 
ment, who  may  be  in  the  military  service  of  the  United  States, 
classified  and  arranged  in  alphabetical  order,  showing  the  regi- 
ment, battalion,  squadron,  battery  and  company,  or  other  divi- 
sion to  which  each  elector  belongs,  also  the  county  and  precinct 
in  which  he  is  entitled  to  vote. 

Sec.  2.  The  Secretary  of  State  shall  immediately  transmit 
duly  certified  copies  of  such  proper  lists  to  the  commanding 
officer  of  each  of  said  organizations  of  which  electors  may  be 
members. 

Sec  3.  Between  the  hours  of  eight  o'clock  a.  m.  and  six 
o'clock  p.  m.  on  the  day  of  election,  a  ballot  box,  or  other  suit- 


MISCELLANEOUS.  .  85 

able  receptacle,  shall  be  opened  under  the  immediate  charge  Election  to 
and  supervision  of  the  three  officers  highest  in  command,  for  supervfs^ion 
the  reception  of  votes  from  the  electors  whose  names  are  upon  offSe^s^ 
said  lists,  at  each  place  where  a  regiment,  battalion,  squadron,  highest  in 
battery,  company  or  other  division  of  soldiers  from  this  State  ^°™™*" 
in  the  military  service  of  the  United  States  may  be  on  that  day, 
at  which  time  and  place  said  electors  shall  be  entitled  to  vote 
for  all  officers,  for  which,  by  reason  of  their  residence  in  the 
several  counties  of  this  State,  they  are  entitled  to  vote,  as  fully 
as  they  would  be  entitled  to  vote  if  present  in  the  respective 
counties  and  precincts  of  their  residence;   and  the  votes  so 
given  by  such  electors,  at  such  time  and  place,  shall  be  con- 
sidered taken,  held,  canvassed  and  counted  by  the  respective 
Canvassing  Boards  of  Election  in  this  State  as  if  they  had  been 
given  by  them  in  the  respective  counties  and  precincts  in  and 
of  which   they  were  qualified   electors  at  the  time  of  their 
enlistment. 

Sec.  4.     The  ballot  to  be  cast  by  such  electors  shall  be  the  Ballots  to  be 
official  ballot  provided  by  law.     The  name  of  each  elector  vot-  o**^^^*^- 
ing  as  aforesaid  shall  be  checked  at  the  time  of  voting  by  one 
of  said  officers  in  charge  of  the  ballot  box,  upon  said  list.     The  Board  of 
said  officers  having  charge  of  said  election  shall  proceed  to  counYthe  * 
count  the  votes  and  compare  the  numbers  with  the  checked  votes, 
lists  immediately  after  the  close  of  the  polls,  and  on  complet- 
ing the  count  the  said  officers  shall  make  and  sign  a  return  or 
certificate  of  the  result,  in  substance  as  follows,  to  wit: 

Return  of  soldiers'  vote  in  the  (here  insert  the  regiment  or  Form  of 
other  command  as  the  case  may  be) .     We,  the  undersigned  certificate, 
(here  insert  rank  and  command) ,  do  hereby  certify  that  on 

the day  of ,  the  electors  belonging 

to  our  said  command  cast  the  following  number  of  votes  for 
the  several  persons  and  officers  herein  named,  to  wit: 

For  Governor  (here  name  each  person  voted  for  for  Governor, 
to  the  number  of  votes  each  received,  written  in  full,  also  in 
figures,  against  and  following  the  name  of  each  person).  For 
Lieutenant-Governor  (here  insert  names  of  all  voted  for,  num- 
ber of  votes  for  each,  written  in  full,  also  in  figures,  against 
and  following  the  name  of  such  person),  and  so  continue  until 
the  list  is  completed. 

Witness  our  hands  this day  of 

A.  B.  (with  rank  and  command). 
C.  D.  (same). 
E.F.  (same). 

Sec.  5.     All  the  ballots  cast,  together  with  the  said  voting  ah  ballots 
lists,  checked  as  aforesaid,  and  said  return,  shall  be  immedi-  ^gsealeVand 
ately  sealed  up  and  sent  forthwith  by  the  commanding  officer  transmitted 
to  the  Secretary  of  State  at  the  seat  of  the  government,  on  o*f  itatl.*^'^^ 
receipt  of  which  the  Secretary  of  State  shall,  in  the  presence  of 
the  Chief  Justice  of  the  Supreme  Court,  open  said  returns  and  opened  in 
immediately  certify  to  the  Board  of  County  Commissioners  of  chief  justice, 
the  proper  county  the  soldier  vote  of  such  county  for  the  vari- 


86  MISCELLANEOUS. 

County  Com- ous  officers  as  returned  to  him,  and  such  Board  of  County 
canvaS^^*^  Commissioners  shall  canvass  and  count  such  vote,  as  soon  as 
practicable  after  receiving  the  same. 

Sec  6.    For  State  and  district  officers  the  said  returns  shall 

dSrict"^      be  canvassed  by  the  State  Board  of  Canvassers. 

officers.  Sec.  7.     The  Secretary  of  State  is  hereby  required  to  fur- 

Secretary  of  nish,  prepare  and  have  printed  the  necessary  ballots,  and  if  he 

fu?nfsh°        is  not  in  possession  of  the  names  of  the  candidates  for  county 

°|J^es|^ry      and  township  officers,  said  names  may  be  omitted  from  the 

ballot.     He  shall  also  furnish  each  commanding  officer  the 

necessary  check  and  poll  lists,  together  with  the  proper  and 

sufficient  blanks  for  said  returns,  and  all  necessary  instructions 

for  the  taking  of  the  votes  in  their  respective  commands. 

Sec.  8.     All  Acts  and  parts  of  Acts  so  far  as  conflicting 
herewith  are  hereby  repealed. 


An  Act  in  relation  to  County  Assessors,  and  to  repeal  sections 

one  and  two  of  "  J.w  Act  in  relation  to  County  Assessors, 

their  terms  of  office  and  compensation"  which  became  a  law 

March  14,  1883. 

Approved  March  14,  1899. 

Section  1.  The  County  Assessors  elected  in  the  several 
Assessors  to  countics  in  this  State  after  the  passage  of  this  Act,  shall  hold 
?ortwoyears  o^ce  for  the  term  of  two  years. 

Sec  2.  The  provisions  of  this  Act  shall  not  affect  the 
Incumbents    duration  of  the  term  of  any  County  Assessor  now  in  office. 

Sec  3.    Sections  numbered  one  and  two  of  that  certain  Act 
Repealed.      entitled  "An  Act  in  relation  to  County  Assessors,  their  terms 
of  office  and  compensation"  which  became  a  law  March  14, 
1883,  are  hereby  repealed. 


An  Act  to  secure  the  election  of  United  States  Senator  in 
accordance  with  the  will  of  the  people  and  the  choice  of  the 
electors  of  the  State,  and  to  obtain  an  expression  of  such 
choice,  and  to  prevent  fraud  and  official  dereliction  of  duty 
in  connection  with  such  election. 

statutes  1899,  p.  86. 

Section  1 .    At  the  general  election  next  preceding  the  expira- 
candidates    tion  of  the  time  for  which  any  United  States  Senator  was 
states^^^*^      elected  or  appointed  to  represent  the  State  of  Nevada  in  Con- 
Senator  may  gress.  Candidates  for  the  choice  of  the  electors  of  this  State  for 
nated™^         United  States  Senator  may  be  nominated  in  the  same  manner 
as  provided  by  law  for  the  nomination  of  State  officers,  and 
they  may  be  nominated  either  by  certificate  of  nomination,  by 
a  party  convention,  or  under  the  provisions  of  any  direct  pri- 
mary law  which  may  now  or  hereafter  be  enacted,  or  by  cer- 
tificate of  nomination  signed  by  electors  equal  to  ten  per  cent 


MISCELLANEOUS.  87 

of  the  entire  vote  cast  at  the  preceding  election.     .4s  amended, 
Stats.  1909,  p.  158. 

Sec.  2.     Such  certificates  of  nomination  shall  be  filed  with  Certificate  of 
the  Secretary  of  State,  who  shall  certify  the  names  of  all  can-  to  be  filed 
didates  as  shown  therein  to  the  various  County  Clerks  as  now  secret*a% 
required  by  law  in  case  of  candidates  for  State  offices,  and  the  of  state, 
several  County  Clerks  in  preparing  the  ballots  to  be  voted  at  Baiiot,  how 
any  such  general  election  shall  place  thereon  the  names  of  all  pj'epared. 
such  candidates  under  the  words  "Choice  for  U.  S.  Senator, 
vote  for  one"  and  there  shall  be  a  margin  at  the  right-hand 
side  of  these  names  at  least  one-half  inch  wide,  where  the 
voter  may  indicate  his  choice  of  said  candidates  by  making  a 
cross  or  X. 

Sec.  3.    The  names  of  all  candidates  so  nominated  shall  be  Names  of  an 
submitted  to  the  electors  of  the  State  for  them  to  express  their  "a^fiaSs 
choice  at  every  such  general  election,  and  the  vote  upon  such  *o,^^.  .  , 
choice  shall  be  taken,  returned,  canvassed  and  certified  by  the  general 
same  authority  and  in   the  same  way  as  the  vote  for  State  election, 
officers  is  taken,  canvassed,  returned  and  certified,  and  in  man-  canvassed, 
ner  and  form  complying  with  the  requirements  and  provisions 
of  an  Act  relating  to  elections  and  to  more  fully  secure  the 
secrecy  of  the  ballot,  approved   March  13,  1891,  and  of  the 
various  Acts  amendatory  thereof  and  supplementary  thereto, 
and  the  Secretary  of  State  shall,  within  five  days  after  the  secretary  of 
convening  of  the  next  session  of  the  Legislature  following  any  fr^ansmit  to 
such  election,  transmit  to  each  branch  thereof  the  result  of  the  Legislature, 
official  canvass  of  the  vote  upon  said  choice  and  candidates. 

Sec.  4.    The  provisions  of  this  Act  shall  not  apply  to  the  Not  to  apply 
filling  of  any  vacancy  in  the  office  of  United  States  Senator  a°ter  sfxty^^ 
which  may  occur  by  death,  resignation  or  removal  between  days  prior  to 
the  date  sixty  days  prior  to  any  general   election  and  the 
adjournment  of  the  next  session  of  the  Legislature. 

Sec.  5.    No  person  shall,  either  in  aid  of  his  own  candidacy  no  reward  to 
or  election,  or  in  aid  of  the  candidacy  or  election  of  any  other  of  candidate 
person  for  the  choice  of  the  electors  for  United  States  Senator, 
give,  pay,  expend  or  promise  any  money  or  reward  to  any  one 
whomsoever. 


An  Act  reapportioning  Senators  and  Assemblymen  of  the  sev- 
eral counties  to  the  Legislature  of  the  State  of  Nevada. 

statutes  1909,  p.  307. 

Section  1.    The  apportionment  of  Senators  and  Assembly-  Reappor- 
men  in  the  several  counties  of  this  State  shall  be  as  follows :  senSto?s  and 
Churchill  County,  one  Senator  and  two  Assemblymen;  Assembiy- 

Clark  County,  one  Senator  and  two  Assemblymen; 
Douglas  County,  one  Senator  and  two  Assemblymen; 
Elko  County,  two  Senators  and  four  Assemblymen ; 
Esmeralda  County,  two  Senators  and  seven  Assemblymen; 
Eureka  County,  one  Senator  and  two  Assemblymen ; 


88 


MISCELLANEOUS. 


Humboldt  County,  two  Senator  and  five  Assemblymen; 
Lander  County,  one  Senator  and  two  Assemblymen  ; 
Lincoln  County,  one  Senator  and  two  Assemblymen; 
Lyon  County,  one  Senator  and  three  Assemblymen; 
Nye  County,  two  Senators  and  seven  Assemblymen; 
Ormsby  County,  one  Senator  and  three  Assemblymen ; 
Storey  County,  one  Senator  and  four  Assemblymen; 
Washoe  County,  two  Senators  and  seven  Assemblymen ; 
White  Pine  County,  two  Senators  and  three  Assemblymen. 
Sec.  2.     Nothing  in  this  Act  shall  be  so  construed  as  to 
Not  to  affect  affect  the  term  of  office  of  Senators  and  Assemblymen   now 

present  term.  •  rv- 

m  oince. 

Sec.  3.    All  Acts  and  parts  of  Acts  in  conflict  with  this  Act 
Repeal.         are  hereby  repealed. 

[Note. — The  foregoing  bill  provides  for  a  Legislature  of  seventy-six 
members,  while  the  Constitution  (Article  XV,  Section  6)  limits  the 
number  to  seventy-five.] 


Relating  to 

road 

districts. 


Road 

Supervisor 
to  be  elected, 


Compen- 
sation, how 
fixed. 

Duty  of 
County  Com- 
missioners. 


An  Act  providing  for  the  election  of  Boad  Supervisors,  for  the 
subdivision  of  counties  into  road  districts,  and  matters  prop- 
erly relating  thereto. 

Approved  March  19,  1901. 

Section  1.  The  County  Commissioners  of  each  county  poll- 
ing at  the  last  general  election  eighteen  hundred  votes  or  over 
shall,  for  the  purpose  of  supervision  of  roads,  divide  the  county 
into  road  districts,  each  appropriately  designated. 

Sec.  2.  At  every  election  of  county  officers  there  shall  also 
be  elected  one  Road  Supervisor  in  each  road  district,  whose 
duty  it  shall  be  to  supervise  all  work  upon  the  roads  in  his 
district,  and  to  attest  to  the  propriety  of  all  bills  for  such  work, 
and  to  direct  the  expenditure  of  all  sums  set  apart  for  his  dis- 
trict by  the  County  Commissioners. 

Sec.  3.  The  compensation  of  Road  Supervisors  shall  be 
fixed  by  the  County  Commissioners. 

Sec.  4.  On  or  before  the  fifteenth  day  of  April,  nineteen 
hundred  and  one,  the  County  Commissioners  shall  appoint  one 
Road  Supervisor  for  each  road  district  to  serve  and  hold  office 
until  their  successors  have  been  elected  and  installed. 


When 
contest 
must  be 
commenced 
for  State 
officers. 


An  Act  limiting  the  time  in  which  proceedings  for  contesting 
the  election  of  any  officer  may  he  begun. 

Approved  March  25,  1903. 

Section  1 .  Proceedings  to  contest  the  election  of  any  State 
officer  must  be  begun  within  sixty  days  after  the  evidence 
becomes  available  upon  which  the  contest  is  based. 

Sec.  2.  Proceedings  to  contest  the  election  of  any  county 
officer,  or  any  officer  other  than  a  State  officer,  must  be  begun 


REFERENDUM.  89 

within  forty  days  after  the  evidence  becomes  available  upon  For  county 
which  such  contest  is  based.  officers. 

Sec.  3.     Delays  arising  from  any  cause  tending  to  prevent  when  time 
the  obtaining  of  evidence  upon  which  a  contest  is  brought  shall  mn!°^  ^^ 
not  cause  such  contest  to  fail,  but  the  time  provided  in  this 
Act  shall  begin  to  run  only  from  the  day  when  such  evidence 
may  be  freely  available  to  the  person  contesting  the  election 
of  another,  and  from  and  after  the  passage  of  this  Act. 

Sec.  4.     Demands  for  recounts  must  be  made  within  sixty  when 
days  from  the  day  of  election,  or  after  the  passage  of  this  Act  recount  must 
if  the  recount  is  to  be  had  of  votes  cast  at  the  last  general  elec-  ^®  made, 
tion  preceding  the  passage  of  this  Act. 

Sec.  5.    This  Act  shall  take  effect  from  and  after  its  passage.  Date  of 

^         ®      efTect. 


REFERENDUM. 


An  Act  to  provide  for  submitting  certain  Acts  of  the  Legisla- 
ture for  approval  by  the  qualified  electors  of  the  State  of 
Nevada  in  accordance  with  the  referendum  provisions  of  the 
Constitution. 

Approved  March  24,  1909,  p.  249. 

Section  1 .     Whenever  ten  per  centum  or  more  of  the  voters  Relating  to 
of  this  State,  as  shown  by  the  number  of  votes  cast  at  the  last  provfsTon^f 
preceding  general  election  for  Justice  of  the  Supreme  Court,  constitution, 
shall  express  their  wish  that  any  law  or  resolution  made  by  the 
Legislature  be  submitted  to  the  vote  of  the  people,  they  shall 
file  with  the  Secretary  of  State,  not  less  than  four  months 
before  the  time  set  for  such  general  election,  a  petition,  which  petition, 
petition  shall  contain  the  names  and  residences  of  at  least  ten 
per  centum  of  the  voters  of  this  State,  demanding  that  a  refer- 
endum vote  be  had  by  the  people  of  the  State  at  the  next  gen- 
eral election  upon  the  bill  or  resolution  on  which  the  referendum 
is  demanded. 

Sec.  2.     The  names  of  the  electors  so  petitioning  need  not  More  than 
all  be  upon  one  petition,  but  may  be  contained  in  one  or  more  °"®p^*'*'°°- 
petitions ;  but  each  petition  must  be  verified  hy  at  least  one  of 
the  voters  who  has  signed  such  petition,  and  such  voter  mak- 
ing such  verification  must  swear  that  the  persons  signing  said  verification, 
petition  are  qualified  voters  of  this  State.     Said  petition  may 
be  verified  upon  information  and  belief. 

Sec.  3.     That  upon  receipt  of  said  petition  by  the  Secretary  secretary  of 
of  State  he  shall  file  the  same,  and  at  the  next  general  election  cert*i1y° 
shall  submit  the  question  of  the  approval  or  disapproval  of  ?^^c"°°®t^° 
said  law  or  resolution  to  the  people  of  the  State  to  be  voted  cierks. 
upon  at  the  next  ensuing  election  wherein  any  State  or  Con- 
gressional officer  is  to  be  voted  for,  or  wherein  any  question 
may  be  voted  upon  by  the  electors  of  the  entire  State.     And 
the  Secretary  of  State  shall  certify  the  said  law  to  the  several 


90  REFERENDUM. 

Clerks  to        County  Clei'ks  in  this  State,  and  they  shall  publish  the  same 
pu  ishsame.  -^.^  accordance  with  the  provisions  of  law  requiring  the  said 
County  Clerks  to  publish  questions  and  constitutional  amend- 
ments which  are  to  be  submitted  for  popular  vote. 

Sec.  4.    That  the  title  of  the  Act  shall  be  set  out  on  the 

Questions,      ballot,  and    the  question    printed   upon    the    ballot    for   the 

on  ballots,     information  of  the  voter  shall  be  as  follows:    Shall  the  Act 

(setting  out  the  title  thereof)  be  approved?     And  the  votes 

cast  upon  such  questions  shall  be  counted  and  canvassed  as 

are  the  votes  for  State  officers  counted  and  canvassed. 

Sec.  5.  WTien  a  majority  of  the  electors  voting  at  a  State 
Operation  of  election  shall  by  their  vote  signify  approval  of  a  law  or  reso- 
referendum.  lutiou,  such  law  or  resolutiou  shall  stand  as  the  law  of  the 
State,  and  shall  not  be  overruled,  annulled,  set  aside,  sus- 
pended or  in  any  way  made  inoperative,  except  by  a  direct 
vote  of  the  people.  When  a  majority  shall  so  signify  dis- 
approval, the  law  or  resolution  so  disapproved  shall  be  void 
and  of  no  effect. 


INDEX  TO  ELECTION  LAWS 


A 

Affidavit  of  candidates 20 

Appointment  of  Registry  Agents 6 

Appointment  of  Judges  and  Inspectors 67 

Assemblymen,  apportionment  of 87 

Assessors,  term  of  oflSce 86 

Australian  Ballot  Law 56 

B 

Ballots 22  to  27,  29,  37,  38,  39,  55,  56,  59,  60,  65,  68,  69,  75.  76,  81,  82,  90 

Ballots,  sample 26,27,63 

Ballot  boxes : 37,  38,  40,  41,  55,  56 

Betting  on  election  prohibited *39 

Bonds,  school 70,  73 

Bonds,  sewerage 82 

c 

Canvass  of  votes 30,  40,  41,  42,  43 

Certificate  of  election 41,  67 

Certificate  of  nomination 31 

Central  Committee,  State 32,  33 

Central  Committee,  County 31,  32 

Challenge  of  electors 10, 11,  29,  40,  69 

City  elections 81 

City  Clerks 18, 19,  27 

City  officers 27 

Clerks  of  Election,  duties  of 38,  39,  40,  61,  62,  65 

Clerk  of  Supreme  Court,  duty  of 48,  49 

Contests „ 33,44  to  48,  88 

Conventions  (superseded  by  Primary  Election  Law) 57,  58,  59 

County  Clerks 15,  19,  27,  30,  35,  44,  45,  46,  47,  58,  59,  60,  61,  65,  89,  90 

County  Commissioners 15,  30,  34,  35,  39,  42,  43,  44,  61 

County  Committees 25,  31 

Counting  of  ballots 63 

Constitutional  amendments 62 

County  and  township  officers 21 

D 

District  Attorneys,  duties  of 46,  49 

Damages 47 

District  Judges,  districts  remodeled 79 

Despositions  in  contests 47 


92  GENERAL  INDEX. 

E 

Elections 16,  34,  66,  70.  73,  75,  79,  81 

Bonds ; 70,  71,  73 

City 81 

District  Judge 79 

General 34  to  55 

High  school 75,  76 

Notice  of 35,36 

Officers  of 36 

Primary 16 

School  Trustees 66 

School  bonds 70,  71,  73 

School  text-books 73,  74 

Sewerage  bonds 82,  83 

Town  elections 81 

When  held 34 

Errors  and  omissions,  how  corrected 33 

F 

Fees  for  filing  nominations 21 

Fees  of  Registry  Agent 29 

Fees  in  contests 46 

Forging  returns 53 

Fraudulent  voting 14,  52 

Free  text-books 73,  74 

G 

General  elections 34  to  55 

H 

High-school  elections 75,  76 

Hours  of  opening  and  closing  polls 28,  37,  55 

I 

Impeachment 50,51 

Independent  nominations 21 

Instructions  to  voters 63 

Inspectors  of  Election 35,  36,  38,  41,  55,  65,  67 

Irregularity  of  returns 45 

J 

Judges,  District 79 

Judges  of  Election 30,  67 

Justice  of  the  Peace,  powers  of 47 

L 

Legal  residence 5 

Legality  of  ballot 39 

Legal  voter 16 

List  of  voters 68 

Liquor  prohibited 54 

M 

Malfeasance 43,  48 

Manner  of  voting 29,37,  39,61,  62,  68 

Messengers 43,  44 


GENERAL  INDEX.  ->^>>^      '^'  ^  ^^  ^'     '  33 

N 

Names  of  candidates  published 28 

New  election 42 

New  school  district 66 

Nominations,  how  made '. 17,  57 

Nominations  published 22,  23,  28,  58 

Notice  of  nominations 17,  21,  23 

Notice  of  elections 35,  36 

Number  of  votes  necessary  for  precinct 35 

0 

Oath  of  elector 19 

Oath  of  Inspector 36 

Oath  of  Clerks 36 

Officers  of  election,  duties 28,  38 

Opening  and  closing  of  polls 28,  30,  37,  55,  66 

P 

Penalty  for  violating  election  law 51,  52 

Perjury 14 

Platform 32 

Polls  open 28,  30,  37,  55,  66 

Polling  places,  number  of  votes  required 56 

Precincts  established ,34 

Primary  ballot,  form  of 26 

Primary  elections 16  to  34 

Promoters  of  candidates  punished 53 

ft 

Qualifications  for  voting 67 

R 

Reapportionment  of  Legislature 87 

Recount 42 

Referendum 89,90 

Registration 6  to  14,  28,  68 

Registry  Agents 6  to  14,29,  68 

Residence  defined 5 

Returns 41,43,55,56,70 

Rejection  of  ballots 63,  65 

Rewards 54 

Road  Supervisor 88 

s 

Sample  ballots 27,63 

Sale  or  gift  of  liquor  prohibited  on  election  days 54 

Secretary  of  State,  duties  of 17,  22,  23, 31,  34,  47,  54,  89 

Secrecy  of  the  ballot 52 

Senator,  United  States 20,31,86 

Senators,  apportionment  of 87 

Schools,  High ._ 75,76 

School  books 73,74 

School  bonds , 70,71,73 

School  Trustees 66 

Sewerage  bonds 82,83 


94  GENERAL  INDEX. 

Sheriff,  duties  of 35,39,47 

Soldiers'  vote,  how  taken 84,  85,  86 

State  Central  Committee 32,33 

T 

Text-books 73 

Tie  vote 33,42 

Town  elections _ 81 

u 

United  States  Senator 20,  31,  86 

V 

Voters 5,  8,  9, 10, 11, 12, 13, 14,  61,  62,  63 

Vote  canvassed... 40 


VOTERS,  TAKE  NOTICE! 


Before  election  day  read  the  law* 

Secure  a  sample  ballot  before  goin§f  to  the  polls. 

Decide  for  whom  you  will  vote  before  going  into  the  booth* 

Obtain  your  ballot  from  one  of  the  Clerks  of  Election* 

You  will  be  allowed  only  ten  minutes  in  which  to  prepare 
your  ballot* 

Stamp  the  cross  X  after  the  name  for  which  you  vote* 

The  cross  must  be  made  only  with  the  stamp  in  black  ink* 

Any  writing  or  other  marking  will  invalidate  your  ballot* 

Fold  your  ballot  before  leaving  the  booth* 

See  that  the  water-mark  and  number  are  on  the  outside* 

Deliver  your  ballot,  folded,  with  the  stamp,  ink  and  ink-pad 
to  the  Inspector,  and  give  your  name* 

Only  one  voter  can  occupy  a  booth  at  one  time* 

A  voter  physically  disabled   may  have  the   assistance   of 
another  elector  in  preparing  his  ballot* 

Inability  to  read  or  write  will  not  be  considered  a  physical 
disability* 

Drunkenness  is  not  physical  disability. 


NOTE— The  above  are  respectfully  sugg^ested  as  some  of  the  instrwc- 
tions  to  be  printed  in  the  card  of  instructions  to  voters.  Sections  27,  28, 
29  and  30  of  the  Australian  Ballot  Law  should  be  printed  on  each  card. 


